Explain the doctrine of Ratification. What acts cannot be ratified?

Question: Explain the doctrine of Ratification. What acts cannot be ratified? [MPJS 2019]

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Answer

The doctrine of ratification comes into play when a person has done an act on behalf of another without his knowledge or consent. The doctrine gives the person on whose behalf the act is done an option either to adopt the act by ratification or to disown it. Ratification is thus a kind of affirmation of unauthorised acts.

Section 196 of Indian Contract Act says,

"Where acts are done by one person on behalf of another but without his knowledge or authority, he may elect to ratify or to disown such acts. If he ratify them, the same effects will follow as if they had been performed by his authority."

According to Section 200 of Indian Contract Act,

An act done by one person on behalf of another, without such other person’s authority, which, if done with authority would have the effect of subjecting a third person to damages, or of terminating any right or interest of a third person, cannot, by ratification, be made to have such effect.

There are certain acts that cannot be ratified:

Acts that are expressly prohibited by law: If an act is specifically prohibited by law, it cannot be ratified. For example, if a contract involves illegal activity or is against public policy, it cannot be ratified.

Acts that are void ab initio: An act that is void ab initio, meaning it was void from the beginning, cannot be ratified. Such acts are considered null and cannot be validated through ratification.

In the case of Sucharita Pradhan v. U.P. Twiga Fibreglass Ltd, AIR 2002 Del 1, the court held,

"an unauthorised notice served by only some of the owners for termination of tenancy was not allowed to be made regular by ratification by others."

Acts that require formalities: Some acts, such as contracts that need to be in writing or require specific formalities, cannot be ratified if those formalities were not initially followed. If a contract necessitates a written document signed by the parties, ratification cannot occur through an oral agreement.