Discuss agency by ratification and agency by necessity?

Answer 1

An agency relationship can be established in one of the Five ways:

1- Express Agreement

2- Implied Agreement

3- Agency by Necessity

4- Agency by Ratification

5- Agency by Estoppel

Agency by Ratification:

Effect of ratification is to backdate A's authority to act as an agent. This requires P's to:

*have contractual capacity to make the contract

*have been in existence both when the contract was made and at the date of ratification

*be identified when the contract is made

*be aware of all the material facts

*clearly signify his intention to ratify the whole contract within a reasonable time

A void of illegal contract cannot be ratified.

Kelner v Baxter (1866)

Agency by Estoppel:

*This arises where P implies that A is his agent even though he's not

*He is then prevented from denying As authority

Freeman & Lockyer v Buckhurst Park Properties Ltd (1964)