Agency created from the presumption of cohabitation

Agency created from the presumption of cohabitation arises when a relationship of agency is inferred based on the nature of cohabitation between individuals, particularly when one person acts on behalf of another in a domestic or financial capacity. In Jamaica, this principle often applies in real estate scenarios where cohabiting partners or family members might engage in transactions or make decisions on behalf of each other, leading to an assumption of agency based on their living arrangement and mutual responsibilities. For instance, if two individuals live together and one handles all financial dealings or property management, the law may infer that they act as an agent for the other, even without formal designation. This presumption is grounded in the idea that the close nature of their cohabitation suggests an implicit trust and authority in managing shared interests. Globally, this concept is similarly recognized, with courts sometimes inferring agency from the nature of perso…