RATIFICATION1, contracts. An agreement to adopt an act performed by another for us.
2. Ratifications2 are either empress or implied. The former are made in express and direct terms of assent3; the latter are such as the law presumes from the acts of the principal; as, if Peter buy goods for James, and the latter, knowing the fact, receive them and apply them to his own use. By ratifying5 a contract a man adopts the agency, altogether, as well what is detrimental6 as that which is for his benefit. 2 Str. R. 859; 1 Atk. 128; 4 T. R. 211; 7 East, R. 164; 16 M. R. 105; 1 Ves. 509 Smith on Mer. L. 60; Story, Ag. §250 9 B. & Cr. 59.
3. As a general rule, the principal has the right to elect whether he will adopt the unauthorized act or not. But having once ratified8 the act, upon a full knowledge of all the material circumstances, the ratification cannot be revoked9 or recalled, and the principal becomes bound as if he had originally authorized7 the act. Story, Ag. §250; Paley, Ag. by Lloyd, 171; 3 Chit. Com. Law, 197.
4. The ratification of a lawful10 contract has a retrospective effect, ana binds12 the principal from its date, and not only from the time of the ratification, for the ratification is equivalent to an original authority, according to the maxim13, that omnis ratihabitio mandate14 aeguiparatur. Poth. Ob. n. 75; Ld. Raym. 930; Com. 450; 5 Burr. 2727; 2 H. Bl. 623; 1 B. & P. 316; 13 John.; R. 367; 2 John. Cas. 424; 2 Mass. R. 106.
5. Such ratification will, in general, relieve the agent from all responsibility on the contract, when be would otherwise have been liable. 2 Brod. & Bing. 452. See 16 Mass. R. 461; 8 Wend. R. 494; 10 Wend. R. 399; Story, Ag. §251. Vide Assent, and Ayl. Pand. *386; 18 Vin. Ab. 156; 1 Liv. on, Ag. c. 2, §4, p. 44, 47; Story on Ag. §239; 3 Chit. Com. L. 197; Paley on Ag. by Lloyd, 324; Smith on Mer. L. 47, 60; 2 John. Cas. 424; 13 Mass. R. 178; Id. 391; Id. 379; 6 Pick. R. 198; 1 Bro. Ch. R. 101, note; S. C. Ambl. R. 770; 1 Pet. C. C. R. 72; Bouv. Inst. Index, h. t.
6. An infant is not liable on his contracts; but if, after coming of age, he ratify4 the contract by an actual or express declaration, he will be bound to perform it, as if it had been made after he attained15 full age. The ratification must be voluntary, deliberate, and intelligent, and the party must know that without it, he would not be bound. 11 S. & R. 305, 311; 3 Penn. St. R. 428. See 12 Conn. 551, 556; 10 Mass. 137,140; 14 Mass. 457; 4 Wend. 403, 405. But a confirmation16 or ratification of a contract, may be implied from acts of the infant after he becomes of age; as by enjoying or claiming a benefit under a contract be might have wholly rescinded17; 1 Pick. 221, 22 3; and an infant partner will be liable for the contracts of the firm, or at least such as were known to him, if he, after becoming of age, confirm the contract of partnership18 by transacting19 business of the firm, receiving profits, and the like. 2 Hill. So. Car. Rep. 479; 1 B. Moore, 289.
RATIFICATION OF TREATIES. The constitution of the United States, art. 2, s. 2, declares that the president shall have power, by and with the advice and consent of the senate, to make treaties, provided two-thirds of the senators present concur20. 2. So treaty is therefore of any validity to bind11 the nation unless it has been ratified by two-thirds of the members present in the senate at the time its expediency21 or propriety22 may have been discussed. Vide Treaty.
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