Confirmation

A contract by which that which was voidable is made firm and unavoidable. A species of conveyance. Where a party, acting for himself or by a previously authorized agent, has attempted to enter into a contract, but has done so in an informal or invalid manner, he confirms the act and thus renders it valid, in which case it will take effect as between the parties from the original making.

See 2 Bouvier, Inst. nn. 2067-2069.

To make a valid confirmation, the party must be apprized of his rights; and where there has been a fraud in the transaction he must be aware of it and intend to confirm his contract.

See 1 Ball & B. 353; 2 Sch. & L. 486; 12 Ves. Ch. 373; 1 id. 215; 1 Atk. 301.

A confirmation does not strengthen a void estate. For confirmation may make a voidable or defeasible estate good, but cannot operate on an estate void in law; Co. Litt. 295. The canon law agrees with this rule; and hence the maxim, qui confirmat nihil dat. Toullier, Dr. Civ. Fr. l.

3, t. 3, c. 6, n. 476. See Viner, Abr.; Comyns, Dig.; Ayliffe, Pand. *386; 1 Chit. Pr. 315; Blessing v. House's Lessee, 3 Gill & J. (Md.) 290; Love's Lessee v. Shields, 3 Yerg. (Tenn.) 405; 9 Co. 142 a; Ratification.