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.
Idaho Ratification of the Alteration of an Instrument Which Was Made after Execution by the Party to be Charged refers to the legal process by which an individual or entity in Idaho validates or approves changes made to a document after it was originally executed by the party to be held responsible. This ratification signifies that the party acknowledges and accepts the alterations made to the instrument, effectively treating it as if those changes were part of the original agreement. Under Idaho law, the ratification of the alteration of an instrument can take various forms, including: 1. Express Ratification: This occurs when the party to be charged explicitly acknowledges and accepts the changes made to the document, either through written communication or verbally stated intentions. Express ratification leaves no room for ambiguity, making it the most straightforward method of validating alterations. 2. Implied Ratification: In situations where the party to be charged acts in a way that suggests their recognition and acceptance of the altered instrument, it can be deemed as implied ratification. This typically occurs when the party continues to conduct business or perform obligations as outlined in the modified document, indirectly affirming the amendments. 3. Ratification by Estoppel: This form of ratification is based on the principle of estoppel, which prevents a party from asserting a right or defense that is contradictory to their prior actions. If the party to be charged has encouraged others to believe that they recognize the altered instrument as valid, they may bee stopped from denying the alterations later. 4. Retroactive Ratification: Sometimes referred to as ratification nun pro tune (meaning "now for then" in Latin), this type of ratification occurs when the party to be charged explicitly approves the modifications made to the instrument with retrospective effect. Retroactive ratification essentially operates as if the changes were part of the original terms when the document was initially executed. An Idaho ratification of the alteration of an instrument is a critical legal process that ensures consistency and validity in contractual agreements. Proper ratification safeguards the interests and rights of all parties involved, allowing for clear enforcement and understanding of the modified terms.++++
