Eatihabitio.L
Defined in 1 dictionary — Anderson (1889)
A Dictionary of Law
William C. Anderson · 1889
Approval; ratification, q. V. From ratum-habere, to have or to hold firm or established. Eatihabitio mandato sequiparatur. A ratification is equal to a command. Abridged from omnis ratihabitio retrotrahitur et mandato (priori) cequiparatur, every ratification relates back and is equivalent to a (prior) command. An act of ratification has a retroactive effect, and amounts to previously given authority. Where the rights of strangers will not be prejudiced, no maxim is better settled in reason and law. In matters of simple contract, it is as applicable to corporations as to natural persons. The rule is, where the principal, upon full knowledge of all the circumstances of the case, deliberately ratifies the acts of his agent, he will be bound thereby as fully as if he had originally given direct authority in the premises to the extent to which such acts reach.' 1 Irvine v. Irvine, 9 Wall. 637-28 (1869), cases. Strong, J.; Sims v. Everhardt, 103 U. S. 312 (1880), cases; Fink V. Eoe, 70 Cal. 311 (1886), cases. 2 Drakely v. Gregg, 8 Wall. 267 (1868), Davis, J.; Benninghoff «. Agiicultural Ins. Co., 93 N. T. 495, 501 (1883), Euger, C. J.; First Nat. Bank of Ft. Scott v. Drake, 39 Kan. 3^4 (1883), cases; Bohartu. Oberne, 36 id. 391 (1887). s Gaines v. Miller, 111 U. S. 398 (18S4), cases. A legislature may ratify any act whicli it might have authorized.' See Eetrospeouvb.