24. Agency of necessity.

Agency of necessity is said to arise in a limited number of cases1 where, by reason of an emergency either the relation of principal and agent is deemed to exist between persons not otherwise in contractual relations2 or authority to act on behalf of another is implied as between persons already in contractual relations3. The term was formerly used to describe the right of a deserted wife who was in need to pledge her husband's credit for necessaries4. Most of the cases have reference to sea or land carriage, when, to prevent destruction of the ship, cargo or goods,