Writing question

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Agency of Necessity vs. Agency by Ratification: Key Differences

Both agency of necessity and agency by ratification involve situations where one person (the agent) acts on behalf of another (the principal) without prior express authorization. However, they differ in the circumstances surrounding the action and the legal consequences.

Agency of Necessity:

• Circumstances: The agent acts on behalf of the principal due to an emergency or unforeseen circumstance where it is impossible or impractical to obtain the principal's prior consent. This typically involves actions taken to protect the principal's person or property from imminent harm.
• Key elements:
  • Necessity: The action must be genuinely necessary to avoid harm to the principal's person or property.
  • Good faith: The agent must act in good faith and with reasonable discretion, believing their actions are in the best interests of the principal.
  • Limited scope: The agent's authority is limited to the specific act necessary to address the emergency.

Full Answer Section

• Consequences:
  • If the above elements are met, the principal is bound by the agent's actions and is liable for any resulting obligations or consequences.
  • If the elements are not met, the principal is not bound and can reject the agent's actions.

Agency by Ratification:

• Circumstances: The agent acts on behalf of the principal without prior consent, but the principal later approves and adopts the action. This can occur when the principal becomes aware of the agent's actions and does not object, or explicitly expresses their approval.
• Key elements:
  • Unawareness: The principal was not aware of the agent's actions at the time they were taken.
  • Knowledge and acceptance: The principal becomes aware of the actions and subsequently expresses approval or acceptance.
  • Retroactive effect: Ratification relates back to the time the action was taken, making the principal bound as if they had authorized it beforehand.
• Consequences:
  • If the principal ratifies the agent's actions, they are bound as if they had authorized them beforehand.
  • The principal cannot ratify part of the action and reject the rest.
  • If the principal does not ratify the actions within a reasonable time, they may not be able to do so later.

Key Differences Summarized:

Remember, these are general principles, and specific laws and interpretations may vary depending on your jurisdiction. It is always advisable to consult with a qualified legal professional for specific legal advice.