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AGENCY OF NECESSITY and DOCTRINE OF RATIFICATION

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AGENCY OF NECESSITY

  • A legal doctrine that allows an individual (agent) to make decisions or take actions on behalf of another (principal) in urgent or emergency situations even without principal's consent
  • The circumstances have to demand immediate action to protect the interests of the principal
  • The agents always act in the best interest of the principal
  • A general regulation that anything a person can accomplish on their own, they can accomplish through an agent

4. Impracticability of Communication Situations where communication with the principal is practically impossible. Agent must demonstrate genuine impracticability. 5. Reasonability of Actions Evaluation of urgency, available alternatives, proportionality, legal and ethical standards. Courts assess reasonableness in the context of the situation.

1. Necessity: Fundamental Condition Imminent threat or harm, unforeseeable circumstances, lack of alternatives, proportionality of response. 2. Inability of the Principal Physical absence, mental incapacity, legal restrictions. Highlights the need for the agent to act responsibly and in line with fiduciary duties. 3. Good Faith: duty of loyalty and fidelity. The expectation of reasonable care and diligence.

KEY FEATURES

1. Acting in Good Faith Acting promptly and honestly in emergencies. Honesty, fair dealing, and refraining from self-interest. 2. Safeguarding the Interests of the Principal Reasonable care, well-informed decisions, open communication. Minimizing potential harm or loss.

RESPONSIBILITY OF AGENT

Necessity: Actions are limited to what is reasonably necessary. Good Faith: Agent must act in good faith to be entitled to reimbursement. Self-interest may limit entitlement. Reimbursement it is subject to reasonable and necessary expenses incurredexcessive action may limit itGMT vs Swaffied 1874 CommunicationTimely communication with the principal is key to accountability

LIMITATIONS OF AN AGENT

  • Lack of authority - principal cannot be bound by agents actions done without authorization
  • Conflict of interest- agents cannot put their interests ahead of prncipals
  • Personal liability- agent are held liable if their actions exceeed or breach authority

LIMITATIONS OF AN AGENT

LOREM IPSUM

DOCTRINE OF RATIFICATION

  • Ratification is the confirmation or acceptance of an unauthorised act or contract on behalf of a company or business entity
  • It only occurs after the company learns about the action This makes the document valid and legally binding.
  • Express Authority: Act must be expressly done on behalf of the principal.
  • Timely Ratification: Ratification should occur within a reasonable time.
Dibbin vs Dibbin
  • Principal's Capacity: The principal must have the legal capacity to contract.
Grover & Grover v Matthews
  • Full Knowledge: Ratification based on full knowledge of material facts.
Savery v King

REQUIREMENTS FOR VALID RATIFICATION

  • Specific Principal: Only the principal under whom the act is purported to be done can ratify.
  • No Illegal Acts: Criminal or illegal acts cannot be ratified.
  • No Negative Impact on Third Parties: Ratification must not negatively affect the rights of third parties.

Clear and unambiguous consent is essential for ratification, as the person being ratified must have a clear understanding of the terms of the contract and must have intended to be bound by them. If the person's consent is not unambiguous, then the ratification will not be effective. rit protects the party being ratified from being bound by a contract that they did not intend to be bound by. Second, it helps to promote certainty in commercial transactions. If it were unclear whether or not a person had ratified a contract, it would be difficult for businesses to know who they were contracting with and what their rights and obligations were.

CLEAR AND UNAMBIGIOUS CONSENT

LOREM IPSUM

1. Binding Obligation Creation of legal obligations for the ratifying entity. 2. Domestic Implementation Need for domestic laws to align with ratified documents. 3. International Relations Impact on diplomatic ties, trade agreements, and cooperation.4. Dispute Resolution Mechanisms May include ways of solving disputes in case of violations. 5. Non-Compliance Consequences

LEGAL EFFECT

Summary and Q&A