The duty of an agent of necessity to a principal is based on?

This question tests understanding of the nature of the relationship between an agent and a principal, using the specific case of an agent of necessity.

An agent of necessity is someone who, faced with an emergency, acts on behalf of a principal to protect the principal's property or interests even without prior instruction to do so, for example a carrier who sells perishable goods that would otherwise spoil in transit. Because the agent is acting without direct supervision and without a fresh, specific instruction covering the emergency, the principal has to rely entirely on the agent to act honestly and in the principal's best interest. This is why the duty of an agent of necessity to the principal is based on trust: the principal trusts the agent to use good judgment and act faithfully even when circumstances have not been explicitly negotiated or agreed in advance.

Negotiation and mutual agreement describe how ordinary contracts or instructions are normally settled between two parties, but an agent of necessity typically has to act before there is time for any negotiation or fresh agreement with the principal. Ability refers to the agent's competence or skill in carrying out a task, which is important but is not what the duty owed to the principal is founded on; the duty exists because the principal is placing confidence in the agent, not merely because the agent is capable.

Whenever a question describes an agent acting on behalf of someone without direct instruction, remember that this kind of relationship rests on trust, since the principal cannot supervise or negotiate every action in real time.