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CHAPTER 3: LAW OF AGENCY, DUTIES OF AGENT, example: A tells T in the…

- - - - Because of the circumstances of necessity, particularly the impracticability of the agent communicating with the principal, the courts were prepared to treat the agent as though he or she had the necessary authority to do what was reasonably necessary to save the principal’s property. If an agency of necessity was established, the agent would be reimbursed for the expense incurred in rescuing the principal’s property.
      - EXAMPLE: – Great Northern Railway Co v Swaffield
        Facts: Swaffield arranged for a horse to be transported to himself care of a railway station owned by the plaintiffs. The horse arrived at the station however Swaffield was not there to meet it. As the plaintiffs could not contact Swaffield before nightfall and had no facilities to accommodate the horse, they sent it to a livery stable.
        Issue: Could the plaintiffs recover from Swaffield the amount they paid the stable for the horse’s accommodation?
        Held: The plaintiffs had acted reasonably in placing the horse in the stable and were entitled to recover the expenses (which were reasonable) from Swaffield.