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Ratification is generally considered to be an affirmative defense, Court Opinions, and therefore, should be raised at the first opportunity to avoid issues of waiver.
Ratification is the legal process of validating an agreement that has already been made; this is typically done by signing a document that confirms the contract terms. Estoppel, meanwhile, is a legal principle that prevents one party from denying or contradicting facts that another party has established.
What is an affirmative defense. An affirmative defense is a defense that brings up new facts or issues not in the Complaint that, if true, would be a legal reason why the plaintiff should not win, or should win less than they're asking for. It is not a denial that you did what the plaintiff says you did.
The doctrine of ratification is concerned with acts performed without authority by an agent in the name of a principal. In short, ratification occurs whenever the ratifying party clearly manifests that he has adopted the unauthorized transaction effected by his agent purportedly on his behalf.
In theory, ratification focuses on the plaintiff's words or conduct confirming an act of the defendant, while waiver focuses on the plaintiff's relinquishment of a right.
Section 617.0832(1)(c), Florida Statutes, provides that if the transaction is fair and reasonable to the corporation at the time it is authorized by the board, then the contract or transaction is not void because of a director conflict of interest if such director or directors are present at the meeting of the board of ...
To ratify means to approve or enact a legally binding act that would not otherwise be binding in the absence of such approval. In the constitutional context, nations may ratify an amendment to an existing or adoption of a new constitution.
Ratification defines the international act whereby a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act.