Legal Definition and Related Resources of Agency Of Necessity

An agency implied by law in situations of emergency where it is necessary for an agent to act to protect his principal ‘s interest , even though the action may not be expressly sanctioned or authorized by the terms of his agency. Thus, a master of a ship, in a case of emergency during a voyage , is constituted an agent by necessity for the owners, insurers and all others interested in the vessel or her cargo and is bound to do everything in order to save and protect the property as a prudent owner would do under similar circumstances. See Styria v Morgan,186 U.S. I, 46L.Ed. 1027, 22S.Ct. 731. Also, at common law , a person who finds children abandoned by parents, may constitute himself an agent, such agency implied by law as a necessity, to give such children the necessaries of life.

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Agency Of Necessity in Historical Law

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Agency, Agent.