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LAW OF CONTRACTS-2
SYNOPSIS
RATIFICATION OF AGENCY

INTRODUCTION:

The research project deals with the study of the concept of the ratification of agency with
respect to the Indian contract act, 1872.the paper will deal with evolution of the doctrine of
ratification. The Indian contract act, 1872 under sec.196 states that, “Right of person as to
acts done for him without his authority. Effect of ratification. -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 ratifies them, the same effects will follow as if they had been
performed by his authority.”1 In this section the of the act explains is if one person A acts on
behalf of other person B -without the consent of the person B, but the person B can either
accept the performance of the act or deny the performance of the act. Thus the further more
concepts are discussed in sections 197,198,199,200 will discuss the aspects like whether the
consent of ratification is expressed or implied , ratification of unauthorised acts and the
knowledge for the valid ratification and several other rules and elements required for
ratifying an agency will have a critical study and analyse the validity of contracts that come
into existence on the basis of ratification in the chapter of agency and the ratifications done
by agents in a contract, and all the other concepts and exceptions in the concept of ratification
in a critical descriptive manner in the research project.

RESEARCH OBJECTIVE:

 To study the evolution and application of the doctrine of ratification.


 To study the features of ratification in agency and have a critical study with help of
case laws and analyze the application of ratification of agency in private and public
matters.

CHAPTERIZATION:

CHAPTER 1: introduction to ratification of agency

CHAPTER 2: application and requirements of the doctrine of ratification in agency

1
Agency, Appointment and Authority of Agents, act 9, Indian contract act, 187
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CHAPTER 3: features of ratification and analysis of case laws

CHAPTER 4: conclusion

REVIEW OF LITERATURE:

The review of literature for a research paper is based on the prolific study of previous
research papers that explains the area of study and the work done is to summarize and arrive
at objective review for the critical analysis of the research.

 Corbin, Arthur L. “Ratification in Agency without Knowledge of Material


Facts.” The Yale Law Journal, vol. 15, no. 7, 1906, pp. 331–340. JSTOR,
www.jstor.org/stable/784258.: This article is based on the doctrine of ratification done
without the knowledge of principal’s scope of authority and agent has fallen outside
the course of material facts and the manipulation in it and the doctrine of imputed
notice is given towards the principal to agent and the further principles will be
explained.
 Floyd R. Mechem, Effect of Ratification as Between the Principal and the Other
Party, 4 MICH. L. REV. 269 (1905-1906).: The article discusses about the aspects of
ratification in the right of other party against the principal and the principal by his
own ratification acquire against the other party to ratify the transaction and other
principles discussed for the ratification process.
 Arnold Rochvarg, Ratification and Undisclosed Principals, 34 MCGILL L. J. 286
(1989).: This article discusses about the ratification in agency by undisclosed
principals and explains about the incompetence of an undisclosed principal and their
course of application in the doctrine of ratification and their rights and liabilities in the
article.
 Gregory. A, “Agency- Ratification of an unauthorized act”, SCL Rev. 19 S. C. L.
Rev. 788 (1966-1967): This article is given with an objective to study the doctrine of
ratification with unauthorised acts and the features of unauthorised acts and the
exceptions for the liability and analyse the duties of the principal and the agent in the
process of the unauthorised ratification of unauthorised acts.
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SUBMITTED BY:
ABHISHEK.S
BC0190002
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