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Bouvier's Law Dictionary, Revised 6th Edition (1856)

RATIFICATION, contracts. An agreement to adopt an act performed by another
for us.
2. Ratifications are either empress or implied. The former are made in
express and direct terms of assent; 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
ratifying a contract a man adopts the agency, altogether, as well what is
detrimental 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. Sec. 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 ratified the act,
upon a full knowledge of all the material circumstances, the ratification
cannot be revoked or recalled, and the principal becomes bound as if he had
originally authorized the act. Story, Ag. Sec. 250; Paley, Ag. by Lloyd,
171; 3 Chit. Com. Law, 197.
4. The ratification of a lawful contract has a retrospective effect,
and binds 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 maxim, that omnis ratihabitio mandate 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. Sec. 251. Vide Assent, and Ayl. Pand. *386; 18 Vin. Ab. 156; 1
Liv. on, Ag. c. 2, Sec. 4, p. 44, 47; Story on Ag. Sec. 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 ratify the contract by an actual or express declaration, he will be
bound to perform it, as if it had been made after he attained 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 confirmation 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 rescinded; 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 partnership by transacting business of the firm,
receiving profits, and the like. 2 Hill. So. Car. Rep. 479; 1 B. Moore, 289.

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