14.3 Modes of Creating Agency

Express agency — oral or written; the written form the power of attorney/authorization deed (Nepali practice: the properly executed — and, where the law demands, registered — power of attorney for immovable-property dealings; the notarized instrument before offices and banks); Implied agency — from circumstances, conduct or the relationship's nature (the partner's implied authority; the household manager's ordinary dealings); Agency by ratification — the principal adopts an unauthorized act ex post facto: requirements — full knowledge of the material facts; ratification within a reasonable time; of the whole act; by one who could have authorized the act originally; ratification relates back and binds from the act's date; Agency by necessity — emergency action on another's behalf (the carrier preserving perishable cargo; the surgeon treating the unconscious), where awaiting instructions is impossible and the action genuinely necessary and reasonable; Agency by estoppel/holding out — the principal's conduct leading third parties to believe a person is his agent: he is estopped from denying the authority to those who relied.