What was Otieno's legal position from the following case study?

Based on the case study below,advise Otieno.
Otieno appointed Ratemo to transport fresh fish from Kisumu to Nairobi.
River Gugu burst its banks and the bridge was swept off.
Ratemo chartered a flight to Nairobi to deliver the fish,as he feared the fish would go bad.
He was unable to contact Otieno.
Upon arrival in Nairobi and delivery of fish,Otieno refused to reimburse Ratemo charges for the flight.
Ratemo indents to sue Otieno.

Answers

Held
The case is based on agency by necessity.
It occurs incase of emergency like floods, perishability and deterioration of a product.
An agent is supposed to act for mercy to safe principal’s property to avoid complete loss.
Ratemo should sue Otieno because a principal is liable for all charges and expenses incurred by his agent when he works within his authority.

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maurice.mutuku answered the question on December 30, 2016 at 15:12

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