ratification


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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 ?
"The Chinese side has informed that they are completing internal process for ratification," the Spokesman said in response to a question regarding delay in the implementation of Treaty, which was signed during Prime Minister Imran Khan's first visit to China in November 2018.
Ratification of the Stockholm Convention on Persistent Organic Pollutants (Stockholm, May 22, 2001) is one of the conditions of the European Union for Uzbekistan to obtain additional tariff preferences for the supply of domestic goods to the European market within the framework of the General System of Preferences "GSP +".
For his part, Mamo Mihretu Senior Advisor and Chief Trade Negotiator in the Prime Ministers Office, said that his countrys ratification was a historical occasion, marking the first ever free trade agreement Ethiopia has ever signed.
The first two articles explain the steps to be taken following the ratification of the protocol and the third says that the protocol will be provided to the archives of the US administration.
But Parliament has a chance to debate the implementation bill and must pass it before ratification can be finalized.
7, issued a resolution declaring its unequivocal support for the BOL's ratification and implementation.
Mujahid reiterated that the ratification will not affect the laws enshrined in the Federal Constitution, unless approved by Parliament.
Liberia's Instrument of Ratification signed by the Minister of Foreign Affairs, His Excellency Gbehzohngar Findley, commits the Country to 'faithfully perform and carry out the stipulations contained therein', a demonstration of the Liberia's commitment to global initiatives.
The Parliament will consider ratification of the agreements at the end of the today's session.
According to Realmeter's opinion survey released Thursday, 66 percent of respondents answered they are in favor of ratification. Only 22.33 percent oppose it, the poll showed.
Summary: The General Secretariat of the (GCC) has received the UAE's ratification documents for the two agreements
The ratification will be transmitted by the Office of the President to the Office of Senator Loren Legarda for the Senate to concur in its ratification,' a highly-placed source told the Inquirer.