Issue Theissue on thisquestion is whether Issue Theissueinthisquestion is whetherthere
thereis formation of agencybynecessity is formation of agencyby ratification
Section 135 of the contracts Act1950 defines Ratification occurwhen a principal approves anaction
an agent as a personemployed to act for another performed without authority by anagent treating
in dealingswiththirdparties establish authorized an agency by ratification whether theagent
relationship betweenprinipal and an agent authority or acted without formal
ftp.gi.ven
There are 5 formation of agencywhich are
there are 2 situation for agency by ratification
94 Hm nt fifi theftsit estoppe can occur
theprincipa
I c.ieYtniseg Yuh ftedby
is.tt 2 when a person thathas no authority to act
of emergency in certain circumstances hemay for principal but acted like hastheauthority
have to do something to prevent the principal
fromlosses Theprincipalhasrights to choose whether want
toreject or accept
Section 142
An agent candowhatever a reasonableperson section 149
woulddo to protect theirprincipalfromharm Allows a personwhen actsare done ontheirbehalf
or loss in emergency without knowledge or authority to choose whether
There are 2 situationthat agency bynecessity it s'arities.wsmtheafteit.ImfedtritIniesau'ttnfrity
couldhappen
First situation is when a wife is deserted by
thehusband andhas no means of supportwhich flat can be express or implied in the
thewife can use her husband'screditcard for conduct of theperson onwhosebehalf theactsare
done
see
situation is when a personentrusted
Effect of ratification
5that III's s off In reissponsible
Ratification makes a contract binding ontheprincipal
emergency as if theagenthadbeen authorizedfromthestart
applyingthe contractretroactively to theagent's
cases Greatnorthern Railway v Swaffield original agreement datenot theratificationdate
Thecourtheld that the plaintiff wasentitled
to claimreimbursement from defendants because
even though therailway companywasnot expressly
authorized it acted as an agent
bynelessity p
stay tinga
works was effectivefromthedate of acceptance
fig gift re notratification thus defendantboundbycontract
There aresomecondition to befulfilled for the
Thereare 4 conditions to be fulfilledbefore a ratification to be valid
person can become an agent bynecessity
I Theact orcontract doneby the agent was
1 Theremust be a real andactualemergency unauthorized itwaseitherdone withoutauthority
Theperson who is entrusted with the principal's orexceedsthegivenauthority
PLPfertnIMaYfenProath taittffetmed'fn'e pett 2 theunauthorized artdonebytheagentmust
theperson musttakesteptopreventfromlosses beonewhichis recognised bylaw notillegal
Case Brook v Hook
case GreatNorthernRailway v swaffield thecourtheldthattheprincipal notratify the
As explained above theplaintiffspendmoney contractbecause his signaturehasbeenforged
torentstable for thehorse to preservehorse's by unauthorized agent Forgery is illegalact
safety
thereis formation of agencybynecessity is formation of agencyby ratification
Section 135 of the contracts Act1950 defines Ratification occurwhen a principal approves anaction
an agent as a personemployed to act for another performed without authority by anagent treating
in dealingswiththirdparties establish authorized an agency by ratification whether theagent
relationship betweenprinipal and an agent authority or acted without formal
ftp.gi.ven
There are 5 formation of agencywhich are
there are 2 situation for agency by ratification
94 Hm nt fifi theftsit estoppe can occur
theprincipa
I c.ieYtniseg Yuh ftedby
is.tt 2 when a person thathas no authority to act
of emergency in certain circumstances hemay for principal but acted like hastheauthority
have to do something to prevent the principal
fromlosses Theprincipalhasrights to choose whether want
toreject or accept
Section 142
An agent candowhatever a reasonableperson section 149
woulddo to protect theirprincipalfromharm Allows a personwhen actsare done ontheirbehalf
or loss in emergency without knowledge or authority to choose whether
There are 2 situationthat agency bynecessity it s'arities.wsmtheafteit.ImfedtritIniesau'ttnfrity
couldhappen
First situation is when a wife is deserted by
thehusband andhas no means of supportwhich flat can be express or implied in the
thewife can use her husband'screditcard for conduct of theperson onwhosebehalf theactsare
done
see
situation is when a personentrusted
Effect of ratification
5that III's s off In reissponsible
Ratification makes a contract binding ontheprincipal
emergency as if theagenthadbeen authorizedfromthestart
applyingthe contractretroactively to theagent's
cases Greatnorthern Railway v Swaffield original agreement datenot theratificationdate
Thecourtheld that the plaintiff wasentitled
to claimreimbursement from defendants because
even though therailway companywasnot expressly
authorized it acted as an agent
bynelessity p
stay tinga
works was effectivefromthedate of acceptance
fig gift re notratification thus defendantboundbycontract
There aresomecondition to befulfilled for the
Thereare 4 conditions to be fulfilledbefore a ratification to be valid
person can become an agent bynecessity
I Theact orcontract doneby the agent was
1 Theremust be a real andactualemergency unauthorized itwaseitherdone withoutauthority
Theperson who is entrusted with the principal's orexceedsthegivenauthority
PLPfertnIMaYfenProath taittffetmed'fn'e pett 2 theunauthorized artdonebytheagentmust
theperson musttakesteptopreventfromlosses beonewhichis recognised bylaw notillegal
Case Brook v Hook
case GreatNorthernRailway v swaffield thecourtheldthattheprincipal notratify the
As explained above theplaintiffspendmoney contractbecause his signaturehasbeenforged
torentstable for thehorse to preservehorse's by unauthorized agent Forgery is illegalact
safety
