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.
The Colorado 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 document, has been altered after it has been executed by the party that is being charged. In Colorado, there are different types of ratification depending on the specifics of the case. One type of ratification is when the party to be charged knowingly and intentionally ratifies the alteration made to the instrument. This means that the party acknowledges the change and agrees to be bound by it. This type of ratification typically requires the party's explicit consent and can be expressed through written documentation or verbal agreement. Another type of ratification in Colorado occurs when the party to be charged performs an act that is consistent with the altered instrument. This type of ratification is known as implied ratification and implies that the party accepts and adopts the changes made to the document by their actions. For example, if a party continues to make payments or fulfill obligations outlined in the altered contract without objection, it could imply their acceptance of the changes. It is important to note that ratification does not always require the party to be charged to explicitly consent to the alteration. Colorado recognizes the principle of estoppel, which can also serve as an avenue for ratification. Estoppel may apply when the party to be charged has taken actions that led the other party to reasonably believe that they have accepted the altered instrument. If the other party relies on this belief and suffers harm as a result, the court may enforce the altered instrument against the party to be charged. Overall, the Colorado Ratification of the Alteration of an Instrument Which Was Made after Execution by the Party to be Charged is a legal mechanism that deals with situations where changes are made to an instrument after its execution. The process involves different types of ratification, including explicit consent, implied acceptance through conduct, and the application of estoppel.
