This problem is based on the liability of the principal in an agency of necessity.
In this case it is apparent that Kariuki was Rajus agent for the purpose of transporting the
fish to Nairobi. It is also evident that the heavy rain created an emergency and it was
impossible for him to seek instructions from Raju, he had to act in good faith as owner
thereof.
In the circumstances of the case, Kariuki became an agent of necessity and acted bona fide
to safe guard the fish. Raju is therefore bound to reimburse Kariuki the flight charges.
My advise to Kariuki is to sue Raju for the charges, as he had presumed authority to incur
the same.
My advise is based on the decision in Great Northern Railway Co V. Swaffield.?
maurice.mutuku answered the question on April 26, 2018 at 06:26
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