Question:
What is a non-consensual agency? how can it be terminated?
Author: Kuba PastulaAnswer:
One example is apparent/ostensible authority. when the third party is notified that the principal is insane, this terminates the contract. another is necessity. agency can be terminated by simply giving the agent notice. however this is limited due to the necessity of certain situations. > Great Northern Railway Co v. Swaffield 1874 - the owner of a horse entrusted to the railway company for transport had stated that he would not be responsible for the cost of feeding and stabling the horse. When he did not collect the horse once it had arrived at its destination, the railway cared for the horse and subsequently claimed its costs for feed and stabling. The court held that the railway was ‘… bound from ordinary feelings of humanity to keep the horse safely and feed him’.
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