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 District of Columbia Ratification of the Alteration of an Instrument Which Was Made after Execution by the Party to be Charged refers to the legal process in which a party in the District of Columbia validates or confirms changes made to a legally binding document after it was initially executed. This ratification serves to provide legal recognition and acceptance of the alterations by the party who is purportedly bound by the modified instrument. In the context of legal documents, an "instrument" typically refers to contracts, agreements, deeds, or any other written records where parties are bound by the terms stated. Alterations to such instruments can include additions, deletions, or modifications of the original content. However, when these changes are made after the execution of the instrument, they often raise questions about their validity and enforceability. The District of Columbia offers specific provisions and procedures for ratifying the alterations to an instrument that was originally executed by the party who is intended to be bound by it. By ratifying the changes, the party acknowledges and approves the modified terms, effectively incorporating them into the existing instrument. It is important to note that the District of Columbia recognizes different types of ratification depending on the circumstances and the nature of the alterations made. These may include: 1. Express Ratification: When the party explicitly provides written or verbal consent to the changes made after execution. This can involve signing an amended version of the instrument or issuing a separate document explicitly acknowledging and accepting the modifications. 2. Implied Ratification: This occurs when the party's actions indicate an acceptance of the altered instrument. It can be inferred through conduct, such as continuing to perform under the modified terms or accepting benefits from the changed instrument without objection. 3. Conditional Ratification: In certain cases, a party may choose to ratify the alterations subject to specific conditions or limitations. These conditions can be explicitly stated or implied, but they must be clear and agreed upon by all relevant parties. The District of Columbia Ratification of the Alteration of an Instrument Which Was Made after Execution by the Party to be Charged ensures fairness and transparency while maintaining legal integrity in contractual matters. By establishing specific requirements for ratification, it protects parties from unauthorized modifications while allowing for necessary changes when mutually agreed upon.
