Global Technology and Modern Commercial Agency of

Abstract

Abstract. In Anglo-Saxon common law, the courts have allowed agency of necessity to develop to meet the prevailing commercial needs, but also restricted its development through the imposition of demanding criteria. After summarising and distinguishing the basic principles applicable to the ‘full ’ doctrine of agency of necessity and the ‘more limited ’ sub-doctrine relating to reimbursement of agent’s expense, this paper locates and analyses the current application of the doctrine’s criteria in the age of ubiquitous mobile phones, synchronous internet communications, email, and immediate money transfers. It concludes by suggesting that the development of the doctrine is inhibited less by improved communication systems and more by the strict and narrow test applied to identify the required ‘necessity’. 1

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oai:CiteSeerX.psu:10.1.1.985.7456Last time updated on 11/2/2017

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