Define: Ratification

Ratification is the confirmation or approval of a previous act that was not initially authorized or legally binding.

Ratification occurs when someone affirms, adopts, or validates an unauthorised action after it has been taken.

Various actions can be ratified, including contracts, agreements, transactions, appointments, or decisions made on behalf of another party without proper authority.

Generally, the principal or the party on whose behalf the unauthorised action was taken has the authority to ratify it. However, in some cases, agents or representatives may also have the power to ratify.

For ratification to be valid, it must meet certain requirements:

• The ratifier must have full knowledge of the material facts related to the action.
• The ratifier must have the legal capacity to ratify.
• The ratification must be voluntary and intentional.
• The ratification must be communicated in a clear and unambiguous manner.

Yes, ratification can be implied from the conduct or actions of the principal, such as accepting the benefits of the unauthorised action without objection.

Generally, a ratified action cannot be revoked or rescinded unless there is mutual consent of all parties involved or if there are grounds for rescission based on fraud, duress, or other legal principles.

Ratification retroactively validates the unauthorised action, making it legally binding as if it had been authorised from the beginning. The ratifier becomes bound by the terms and obligations of the ratified action.

Ratification cannot validate actions that are illegal, ultra vires (beyond the authority of the principal), or against public policy.