ratification


Also found in: Dictionary, Thesaurus, Medical, Encyclopedia, Wikipedia.

Ratification

The confirmation or adoption of an act that has already been performed.

A principal can, for example, ratify something that has been done on his or her behalf by another individual who assumed the authority to act in the capacity of an agent. In addition, proposed amendments to the U.S. Constitution must be ratified by three-quarters of the state legislatures or by conventions in three-quarters of the states.

Cross-references

Constitutional Amendment.

ratification

n. confirmation of an action which was not pre-approved and may not have been authorized, usually by a principal (employer) who adopts the acts of his/her agent (employee) (See: principal, agent)

ratification

noun acceptance, acknowledgment, approbation, approval, assent, certification, confirmation, consent, corroboration, endorsement, sanction, stamp of approval, substantiation, validation
Associated concepts: implied ratification, ratification of a contract, ratification of unauthorized acts
Foreign phrases: Ratihabitio mandato aequiparatur.Ratification is equivalent to an express command. Omnis ratihabitio retrotrahitur et mandato priori aequiparatur. Every ratification relates back and is taken to be the equal of prior authority. In maleficio, ratihabitio mandato commaratur. In tort, a ratification is regarded as a command.
See also: acceptance, acknowledgment, adoption, affirmance, affirmation, approval, assent, certification, charter, confirmation, consent, corroboration, indorsement, jurat, legalization, permission, proof, sanction, stamp, subscription, support

ratification

affirmation of a previous and unauthorized Act; ratification has the effect of putting the Act in the same position as if it had been originally authorized. For example, the confirmation or ratification by a principal of an unauthorized contract entered into by his agent.

RATIFICATION, contracts. An agreement to adopt an act performed by another for us.
     2. Ratifications are either empress or implied. The former are made in express and direct terms of assent; the latter are such as the law presumes from the acts of the principal; as, if Peter buy goods for James, and the latter, knowing the fact, receive them and apply them to his own use. By ratifying a contract a man adopts the agency, altogether, as well what is detrimental as that which is for his benefit. 2 Str. R. 859; 1 Atk. 128; 4 T. R. 211; 7 East, R. 164; 16 M. R. 105; 1 Ves. 509 Smith on Mer. L. 60; Story, Ag. Sec. 250 9 B. & Cr. 59.
     3. As a general rule, the principal has the right to elect whether he will adopt the unauthorized act or not. But having once ratified the act, upon a full knowledge of all the material circumstances, the ratification cannot be revoked or recalled, and the principal becomes bound as if he had originally authorized the act. Story, Ag. Sec. 250; Paley, Ag. by Lloyd, 171; 3 Chit. Com. Law, 197.
     4. The ratification of a lawful contract has a retrospective effect, and binds the principal from its date, and not only from the time of the ratification, for the ratification is equivalent to an original authority, according to the maxim, that omnis ratihabitio mandate aeguiparatur. Poth. Ob. n. 75; Ld. Raym. 930; Com. 450; 5 Burr. 2727; 2 H. Bl. 623; 1 B. & P. 316; 13 John.; R. 367; 2 John. Cas. 424; 2 Mass. R. 106.
     5. Such ratification will, in general, relieve the agent from all responsibility on the contract, when be would otherwise have been liable. 2 Brod. & Bing. 452. See 16 Mass. R. 461; 8 Wend. R. 494; 10 Wend. R. 399; Story, Ag. Sec. 251. Vide Assent, and Ayl. Pand. *386; 18 Vin. Ab. 156; 1 Liv. on, Ag. c. 2, Sec. 4, p. 44, 47; Story on Ag. Sec. 239; 3 Chit. Com. L. 197; Paley on Ag. by Lloyd, 324; Smith on Mer. L. 47, 60; 2 John. Cas. 424; 13 Mass. R. 178; Id. 391; Id. 379; 6 Pick. R. 198; 1 Bro. Ch. R. 101, note; S. C. Ambl. R. 770; 1 Pet. C. C. R. 72; Bouv. Inst. Index, h.t.
     6. An infant is not liable on his contracts; but if, after coming of age, he ratify the contract by an actual or express declaration, he will be bound to perform it, as if it had been made after he attained full age. The ratification must be voluntary, deliberate, and intelligent, and the party must know that without it, he would not be bound. 11 S. & R. 305, 311; 3 Penn. St. R. 428. See 12 Conn. 551, 556; 10 Mass. 137,140; 14 Mass. 457; 4 Wend. 403, 405. But a confirmation or ratification of a contract, may be implied from acts of the infant after he becomes of age; as by enjoying or claiming a benefit under a contract be might have wholly rescinded; 1 Pick. 221, 22 3; and an infant partner will be liable for the contracts of the firm, or at least such as were known to him, if he, after becoming of age, confirm the contract of partnership by transacting business of the firm, receiving profits, and the like. 2 Hill. So. Car. Rep. 479; 1 B. Moore, 289.

References in periodicals archive ?
However, he later agreed to it after his Cabinet members unanimously voted for its ratification.
The MLC, 2006 entered into force on 20 August 2013 for the first 30 member States that had registered their ratification by 20 August 2012.
Pakistan's ratification is in line with its firm commitment to the purposes and objectives of the Climate Convention.
Once approved by the European Parliament next week, the EU will be able to deposit its ratification instrument," the Commission said in a statement.
The UK can and should continue to show leadership and I urge the UK Government to complete the domestic ratification process ahead of the next meeting in November.
Therefore, the ratifying party must have authority to perform the act both at the time the act was done and at the time of the attempted ratification.
It thus helps explain how Federalists secured ratification even though, by Heideking's calculations, "had the issue been decided on the basis of the election results alone, five states, containing 41.
541(3), the Florida House of Representatives established a basic procedure for legislative ratification to be managed by the House Rulemaking and Regulation Subcommittee (rulemaking subcommittee).
Prime Minister Joomart Otorbayev also expressed dissatisfaction with the terms of ratification.
The second Article stipulates the annulment of the provisions of Decree Law 8 / 1995 on the ratification of the security agreement signed between the GCC countries in Riyadh on 28 November 1994.
The concurrence means that there is no legal impediment for the Philippine ratification of C189.
The Constitution before the judgment seat; the prehistory and ratification of the American Constitution, 1787-1791.