Agency LawThe origins of the doctrine of necessitous intervention by someone who is in a legal relationship with the defendant lie within the principle of company of necessity, where an agent went past his or her authority by intervening on behalf of the principal in an emergency. Because of the circumstances of necessity, notably the impracticability of the agent speaking with the principal, the courts were ready to deal with the agent as if she or he had the required authority to do what was fairly obligatory to avoid wasting the principal’s property. If an company of necessity was established, the agent can be reimbursed for the expense incurred in rescuing the principal’s property. The origins of the doctrine of necessitous intervention by somebody who is in a legal relationship with the defendant lie within the principle of agency of necessity, where an agent went beyond his or her authority by intervening on behalf of the principal in an emergency.
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