1. It must be impossible for the agent to communicate with the principal: in the case of

Springer v Great Western Railway Company

a , the defendant was contracted to carry tomatoes from Channels Island to Weymouth by ship and from there to London by train. When the ship arrived in Weymouth, and due to a strike action by the defendant’s workers, there was a two-day delay in Weymouth causing some tomatoes to start to go bad, the defendant, without communicating to the plaintiff, decided to sell those tomatoes they believed could go bad beyond saleable condition. The plaintiff brought an action against the defendant for damages when they discovered this, and the court held that the defendant’s failure to communicate with the plaintiff about their actions when they could have done so, makes them liable. No agency for necessity thus existed due to the possibility of communication and the failure of the defendant to communicate.

Highlights on Creation of Agency