The case of The Great Northern Railway v Swaffield effectively shows how agency of necessity had arisen when the defendant was bound to pay for the cost of stabling a horse after the claimant had acted in the best interests of the defendant

Etudes

The case of The Great Northern Railway v Swaffield effectively shows how agency of necessity had arisen when the defendant was bound to pay for the cost of stabling a horse after the claimant had acted in the best interests of the defendant.

Hemma has acted as if she was the principle and Gerry has acted as if he is the agent so we should assume that an agency relationship does exist.
If Gerry had implied authority then he would have the right to enter the contract with the car dealership on Hemma’s behalf. The issue is whether Gerry owed a duty of care to his friend for the provision of advice on a non-contractual and informal basis.