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.
South Dakota Ratification of the Alteration of an Instrument Which Was Made after Execution by the Party to be Charged is a legal process that involves confirming or approving changes made to a legal document after it has been executed by the relevant party. This ratification is specific to South Dakota and is applicable when alterations are made without the consent or knowledge of the party being charged. In South Dakota, the ratification of the alteration of an instrument is essential to maintain the integrity and validity of legal documents. It ensures that any changes made after execution are recognized and accepted by the party being charged. Ratification can be assumed when the party, with full knowledge of the alteration, performs actions that show acceptance or approval of the modified document. The types of South Dakota Ratification of the Alteration of an Instrument Which Was Made after Execution by the Party to be Charged may include: 1. Express Ratification: This type of ratification occurs when the party explicitly acknowledges, accepts, or approves the alteration through written or verbal means. It is a straightforward act of confirming the changes made to the instrument after execution. 2. Implied Ratification: In some cases, ratification can be implied from the party's behavior or actions. If the party, after discovering the alteration, continues to act as if the modified instrument is valid, their conduct can be considered as an implied ratification. 3. Estoppel Ratification: Estoppel ratification arises when the party being charged takes a position that contradicts their claim of not accepting or approving the altered document. If the party, through their words or actions, causes another party to reasonably rely on the assumption of ratification, they can bee stopped from denying the validity of the changes. 4. Ratification by Negotiation: This type of ratification occurs when the altered instrument is presented for negotiation or transfer. If the party accepts or negotiates the modified document without raising any objections, it can be considered as ratification. South Dakota Ratification of the Alteration of an Instrument Which Was Made after Execution by the Party to be Charged is a critical legal process that safeguards the interests and rights of parties involved in any modified legal instrument. It ensures transparency, clarity, and the enforcement of legal obligations.
