Agency by ratification, Business Law and Ethics

Assignment Help:

Agency by Ratification

So then Agency by ratification can only arise whether:

  • The agent purported for act to a principal and one is
  • The alleged principal was in existence on the time the contract was formed: like; Natal Land Co. Ltd. v. Pauline Colliery Syndicate whether it was held such the purported ratification was ineffective while the company "ratifying" that had not been incorporated on the time the contract was formed there.
  • The principal had capacity for enter in the contract. so one is
  • The contract to be ratified is legitimate. Like example while a company cannot ratify a contract that is beyond the objects into its memorandum of association: like; Ashbury Rail Co. Ltd. v. Riche as orbiter dictum through Lord Cairns.
  • Although the person whose act is to be ratified professed for be the agent of the person seeking for adopt the contract. Therefore in other words an undisclosed principal such cannot ratify a contract also.
  • Although the alleged principal must have been made aware about all the material facts of the relevant transaction before than he decided to adopt the contract. Thus an apparent ratification that is induced through a partial disclosure of relevant facts into of no legal effect too.
  • However the contract ought to be ratified n the reasonable time

 


Related Discussions:- Agency by ratification

#title., What is hire purchase?

What is hire purchase?

Explain the laws and rules of atlantic case, Explain the Laws and rules of ...

Explain the Laws and rules of atlantic case There are several laws and rules which were applicable to this situation: Paris Convention on Aerial Navigation of 1919 H

Explain salient features of the constitution of mauritius, QUESTION 1 T...

QUESTION 1 The proliferation of tribunals, enquiries and quasi-judicial bodies constitutes the risk of a new type of despotism in running public affairs. How do the courts ensu

Health and safety of employees at the workplace, Question 1: In order t...

Question 1: In order to ensure health and safety of employees at the workplace, the Occupational Safety and Health Act 2005 imposes duties on employers only. Discuss. Quest

Legislative or parliamentary control, LEGISLATIVE OR PARLIAMENTARY CONTROL:...

LEGISLATIVE OR PARLIAMENTARY CONTROL: (i)         Parliamentary approval and (ii)        Ministerial approval and (iii)       Publication into the England Gazette and

Administrative law, QUESTION Miss Titch Herr, a newly appointed educati...

QUESTION Miss Titch Herr, a newly appointed education officer, starts her day at No Nonsense State Secondary School (NNSSS), an institution wholly subsidized from public funds

The westminster model constitutions and some leading cases, QUESTION 1 ...

QUESTION 1 Court control of how executive power is exercised is what administrative law is all about. Who are the persons under scrutiny in this area of the law? In what manner

Commercial Law, Silcraze City Council owns and operates a Gym. It charges $...

Silcraze City Council owns and operates a Gym. It charges $20 per month as membership fees. On the Gym Membership Card it is written that the Cardholder has the right to use all th

State article1of universal declaration of human rights, State Article1of Un...

State Article1of Universal Declaration of Human Rights Article 1: 'All human beings are born free and equal in respect and rights. They are endowed with reason and conscience

Judicial and legislative function of chief justice, Judicial and Legislativ...

Judicial and Legislative Function of Chief Justice Judicial Function However a judge of the High Court and the court of Appeal he participates in the adjudicatory proce

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd