agency of necessity

An agency arising during an emergency that necessitates the agent’s acting without authori-zation from the principal; the relation between a person who in exigent circumstances acts in the interest of another without being authorized to do so.

• It is a quasi-contractual relation formed by the operation of legal rules and not by the agreement of the parties.

— Also termed agency from necessity; agency by necessity. See NEGOTIORUM GESTIO. [Cases: Principal and Agent 14(1), 99. C.J.S. Agency §§ 20, 53, 153–164; Architects § 21.]

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