Necessity, Agent Of - Definition - Law Dictionary Home Dictionary Definition necessity-agent-of

Definition :

Necessity, agent of. An agent of necessity may be constituted in two ways: (1) 'Extraordinary emergencies may arise, in which a person who is an agent, may, from the very necessities of the case, be justified in assuming extraordinary powers; . . . his acts, fairly done, under such circumstances, will be binding up on his principal' (Story on Agency, 9th ed. s. 141). (2) A stranger acting without any authority may become an agent under circumstances of positive necessity. The doctrine originated in marine adventure, but has been gradually extended, see Prager v. Blatspied, (1924) 1 KB 566; see Gwillian v. Twist, (1895) 2 QB 84; Largan v. G.W.R. Co., 30 LT 173.

A wife deserted by her husband has authority by law, as an agent of necessity, to pledge his credit for necessaries suitable to her station in life and for costs reasonably incurred in taking proceedings against him.

A wife defending a divorce suit is not an agent of necessity as regards her costs, Arnold and Weaver v. Amari, (1928) 1 KB 584.