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Agency by operation of law may not occur in emergency situations.

Option 1: True
Option 2: False

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User Pbd
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Final answer:

Option 2: False is accurate; during emergencies, agency by operation of law can occur, enabling agents to act on behalf of a principal without prior consent, as seen in emergency medical treatments or government responses to crises.

Step-by-step explanation:

Option 2: False is the correct answer to the question of whether agency by operation of law can occur in emergency situations. In the realm of law, an agency by operation of law refers to a situation wherein an agent gets the authority to act on behalf of a principal due to extenuating circumstances such as emergencies, without a prior agreement existing between the two parties.

This legal concept is designed to allow for swift and decisive action when the wellbeing of the principal or the interests at stake necessitate immediate intervention that cannot wait for express consent. For example, in a medical emergency, a doctor may act as an agent to provide necessary treatment to an unconscious patient without their prior consent, which is a classic example of agency by operation of law. Moreover, emergency powers and state of emergency declarations, such as those seen during the COVID-19 pandemic, often involve governmental agencies operating under a set of rules that may differ from their standard operational law due to the urgent needs of the situation.

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User Oliora
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