Agency is a relationship based on an agreement authorizing one person, the agent, to act for another, the principal. For example an agent may negotiate and make contracts with third persons on behalf of the principal. If an agent tries to do an act for his principal that he is not specifically authorized to do, the principal has the choice of ignoring the transaction or ratifying it. Generally, even an unauthorized act may be ratified.
Cuyahoga Ohio Ratification by Principal of Agent's Execution of Contract
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State:
Multi-State
County:
Cuyahoga
Control #:
US-01439BG
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FAQ
Ratification is a process whereby a principal approves the actions of an agent who has acted to bind that principal without preceding legal authority.
The agent must purport (intend to seem) to act as an agent. A principal can only ratify acts, which the agent purported to do on his behalf. This rule follows that if the agent purports to act on his own behalf the principal cannot ratify. 3.
Fffd Agency by Ratification: A confirmation by the principal of an act or contract performed or entered into on his or her behalf by another, who assumed, without authority, to act as his or her agent.
Agency by ratification means to grant authority to someone retroactively when they were previously acting in an unauthorized way. This authority can be granted officially through written documentation or another means of ratification.
In the context of contract law, a person ratifies a contract when they accept the benefit, thereby rendering the contract legally enforceable. This can include signing a formal contract, but conduct may also ratify a contract.
The generally accepted rule is that undisclosed principals do not have the power to ratify unauthorized contracts which their agents make on their behalf.
As long as an agent has authorization, either express or implied, she may bind the principal legally.
To ratify, the principal may tell the parties concerned or by his conduct manifest that he is willing to accept the results as though the act were authorized. Or by his silence he may find under certain circumstances that he has ratified. Note that ratification does not require the usual consideration of contract law.
Rptr. 358, 362where agent did not have written authority to execute deed as a principal's agent, conveyance not authorized under Section 2309. Ratification. A principal may ratify an agent's act even if the original agency did not extend to such a commitment to the third party.
