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.
One important legal concept in Utah is the "Ratification of the Alteration of an Instrument Which Was Made after Execution by the Party to be Charged." This term refers to the process of accepting or validating changes made to a legal document after it has been executed by the party who may be held responsible for the alteration. In the state of Utah, several types of ratification may apply, including express ratification, implicit ratification, and conditional ratification. Express ratification occurs when the party explicitly approves or authorizes the changes made to the instrument after execution. This can be done through a written statement, email, or any other form of communication where the party confirms their agreement with the alterations. Express ratification is a clear and explicit acceptance of the modified instrument. On the other hand, implicit ratification refers to a situation where the party's actions, behavior, or silence regarding the changes suggest their approval of the altered instrument. This may occur when the party continues to act under the modified terms, uses the modified instrument in their dealings, or accepts the benefits derived from it. Implicit ratification implies that the party is essentially treating the altered document as valid and binding. Lastly, conditional ratification refers to a situation where the party accepts the alterations with certain conditions or limitations. This means that while they acknowledge the changes made to the instrument, they do so subject to specific terms or circumstances. The party might state that they only agree to the modifications if certain conditions are met or if certain events occur. In Utah, the Ratification of the Alteration of an Instrument Which Was Made after Execution by the Party to be Charged involves careful consideration of the type of ratification involved. This determination is crucial in legal proceedings to establish whether the alterations to the instrument have been accepted, and therefore, have legal validity. Overall, the concept of Utah Ratification of the Alteration of an Instrument Which Was Made after Execution by the Party to be Charged encompasses express, implicit, and conditional ratification. These variations play a significant role in determining the legal consequences of modified instruments in the state of Utah.
