An alteration of a written instrument is a change in language of the instrument that is made by one of the parties to the instrument who is entitled to make the change. Any material alteration of a written instrument, after its execution, made by the owner or holder of the instrument, without the consent of the party to be charged, renders the instrument void as to the nonconsenting party. The party to be charged refers to that party or parties against whom enforcement of a contract or instrument is sought.
If a party consents to the alteration, the instrument will not be rendered invalid as to that party.
California Ratification of the Alteration of an Instrument Which Was Made after Execution by the Party to be Charged is a legal process that addresses situations where an instrument, such as a contract or a will, has been modified after it was initially executed without the consent of one of the parties involved. This is a significant issue as it can potentially raise concerns about the authenticity and integrity of the document. In California, the ratification process allows the party whose consent was not obtained for the alteration to confirm or validate the modified instrument, thereby making it legally enforceable. Ratification serves as a means for the party to be charged to acknowledge the changes made and accept the modified terms as binding. It offers a way to rectify any potential disputes or questions surrounding the alteration and ensures fair dealings between the parties involved. The California Ratification of an Alteration typically requires certain elements to be met, including: 1. Willful alteration: The modification must be a deliberate act and not a result of an accidental circumstance. It is important to prove that the change was intentionally made without the party's consent. 2. Knowledge of the alteration: The party being charged must have knowledge of the alteration or the modified terms. This ensures that they are aware of the changes and have had an opportunity to review them before deciding on ratification. 3. Voluntary acceptance: The party to be charged should willingly accept the modifications and agree to be bound by the altered instrument. This demonstrates their consent and intention to honor the modified terms. It is essential to distinguish between two types of California Ratification of the Alteration: 1. Ratification by Conduct: This type of ratification occurs when the party to be charged acts in a way that implies acceptance of the altered instrument. Their actions can include performing under the modified terms or accepting benefits that arise from the changes. 2. Express Ratification: In this case, the party gives explicit consent to the altered instrument through written or verbal communication. Express ratification provides a clear and direct acknowledgment of the changes made and confirms the party's intention to uphold the modified terms. In both scenarios, it is crucial for the party to be charged to seek legal counsel to ensure the ratification process adheres to California state laws and regulations. Ratification offers a way to resolve disputes that arise due to alterations made to an instrument without the consent of all parties involved, providing clarity and legal validity to the modified terms.
