In what situation does agency of necessity typically occur?

Agency of necessity arises in situations where an agent finds themselves in a circumstance that requires immediate action and is unable to contact the principal. This legal doctrine is designed to protect the interests of the principal while allowing the agent to take appropriate steps to prevent harm or loss.

In this context, the agent acts in good faith to address the situation, believing that the actions they are taking are in the best interest of the principal, despite not having explicit consent or communication from them at that moment. This situation often involves urgent circumstances where the agent must make decisions and take actions that cannot be postponed because waiting for the principal's instructions could result in significant negative consequences.

The other choices imply scenarios where the agent either acts contrary to the principal’s wishes or without any consent, neither of which would typically meet the conditions for agency of necessity. For example, ignoring instructions would potentially expose the agent to liability rather than justifying their actions as necessary. The presence and uncooperative nature of the principal, or acting without consent altogether, do not align with the principles underpinning agency of necessity, which is fundamentally about the need for prompt action in the absence of communication from the principal.