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Case:

Collin works as a truck driver and transports goods throughout the state. Dustin, a strawberry farmer in Cameron Highland normally engages the services of Collin to transport his load of fresh strawberries from the highland to his customers in the Klang Valley. One day, Collin as usual had a truckload of fresh strawberries to be delivered. When he reached a certain section of the road going downhill, there was a big landslide which made it impossible for big trucks to pass through.

Collin was informed that it will take at least one to two days to repair the road. Collin was worried that the strawberries he was transporting will be spoilt as his truck was not fully equipped to store them for longer than 12 hours. He called Dustin numerous times to receive further instructions but was not able to do so as the phone line was cut off due to the bad weather. Realizing that the strawberries will get spoilt without proper storage, Collin decided to sell the strawberries cheaply to ready buyers nearby.

Dustin was very unhappy with Collin when he found this out and said that Collin did not have authority to sell the strawberries without his instructions. However, Collin claims that in order to prevent Dustin from incurring more loss, he has acted as an agent of Dustin in the circumstances.

Advise Dustin how an agency may be created to determine if an agency has been created between Collin and him in the circumstances under the Agency Law?

(30 marks)