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Which of the following is NOT necessary to create an agency relationship?

  1. Consideration

  2. Mutual consent

  3. Authority

  4. Intention to create a relationship

The correct answer is: Consideration

In the context of establishing an agency relationship, consideration refers to something of value that is exchanged between the parties involved. However, consideration is not a necessary component for the formation of an agency relationship. An agency relationship fundamentally requires mutual consent, meaning both parties agree to the terms and conditions of the relationship. Authority is also essential, as it outlines the extent to which the agent can act on behalf of the principal. Additionally, there must be an intention to create an agency relationship, indicating that both parties recognize and accept their roles. The absence of consideration does not negate the formation of the agency; rather, it highlights that the relationship can be established based on other factors such as voluntary agreement and recognized duties, without any financial exchange or benefit being mandatory. This distinguishes agency relationships from other types of contracts, where consideration is a key element.