Ratification can be made only in the manner that would have been necessary to confer authority originally, or, where oral authorization would suffice, by accepting or retaining the benefit of the act with notice thereof. It is not valid unless at the time of ratification the principal has power to confer authority for the act.
S.D. Codified Laws § 59-2-4
Ratification of agent's act
Applied in 2 court decisions — leading case Staab v. Skoglund (1975)
Most recently applied in Aamot v. Eneboe (July 1984)
Source: CivC 1877, §§ 1349, 1351; CL 1887, §§ 3972, 3974; RCivC 1903, §§ 1668, 1670; RC 1919, §§ 1250, 1252; SDC 1939, § 3.0105.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.