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- This topic has 3 replies, 2 voices, and was last updated 1 year ago by MikeLittle.
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- February 14, 2023 at 11:04 am #678870
Sir kaplan text states that among other conditions
For Ratification the principal must be identified when the cotract is made by agentIs it right sir
February 14, 2023 at 1:42 pm #678876That’s an interesting one! For ratification to be available three pre-requisites must be apparent:
the agent must purport to act on behalf of a principal
the principal must exist at the time of the contract, and
the principal must have capacity
Because the agent must claim to be acting on behalf of a principal, ratification is only available where a principal is stated to exist but need not be disclosed. The third party must know that there is (or is claimed to be) a principal in the background. Otherwise, if the third party believes that the agent is acting on their own account, it would not be possible for an undisclosed principal later to ratify. If the principal is not disclosed, the third party can elect either the agent or the principal as bound under the contract terms.
Is that any clearer?
February 14, 2023 at 2:05 pm #678878Sir can it happen that an agent do not disclose himself to third party that he is acting in capacity of an agent and enter into a contract
But when that undisclosed principal is identified by 3rd party, he can elect
So principal can still ratify the contract if 3rd party allows by electing him to be liableFebruary 14, 2023 at 3:42 pm #678885That’s how I understand it, yes
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