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 Kentucky Ratification of the Alteration of an Instrument Which Was Made after Execution by the Party to be Charged refers to the legal process in the state of Kentucky that validates changes or modifications made to a legal document after it has been executed, provided the party being charged with the alteration has given their consent. This ratification serves to ensure the validity and enforceability of the modified instrument, protecting the rights and interests of all parties involved. Under Kentucky law, there are typically two types of ratification that can occur in such cases: 1. Express Ratification: This type of ratification occurs when the party whose signature was altered explicitly affirms the changes made to the instrument. Express ratification can be manifested through written or verbal means by the party involved. Once express ratification is provided, the modified instrument is deemed as valid as if the changes were made prior to execution. 2. Implied Ratification: In some cases, it may be inferred that a party has ratified the alteration through their subsequent actions or conduct. This implies that despite not explicitly giving consent, the party has accepted and acknowledged the changes made to the instrument by their behavior. Implied ratification may be established by the party's continued use of the modified document or their failure to challenge its validity within a reasonable period of time. It is important to note that while the Kentucky Ratification of the Alteration of an Instrument Which Was Made after Execution by the Party to be Charged solidifies the enforceability of modified documents, it does not condone fraudulent alterations or unauthorized changes. Any alteration made without the consent of the party to be charged may still be deemed invalid and could lead to legal consequences for the party responsible for the unauthorized modification. In summary, the Kentucky Ratification of the Alteration of an Instrument Which Was Made after Execution by the Party to be Charged is a legal process that ensures the enforceability of modified legal documents, as long as the party being charged provides their consent either expressly or through implied actions. This ratification protects the rights and interests of all parties involved while discouraging fraudulent alterations.
