How To Prove A Florida Ratification Defense

 

 

In Florida, a defense of Ratification is defined as:

Ratification is the giving of one’s approval or confirmation of the conduct of another such that one cannot complain about that conduct later.

It simply means:

Condoning an act that has already been done.

There are 3 elements of the defense:

• Element 1. The plaintiff knew about the act or transaction in question. The plaintiff was aware of the specific action or agreement being challenged, meaning they knew what was happening and chose to accept it, which is an important part of the legal defense called ratification.
  

  Facts that might support this element look like:

  * The plaintiff was present during the negotiations and discussions related to the act in question.
  * The plaintiff received written communication detailing the terms of the transaction prior to its execution.
  * The plaintiff expressed approval of the act in question during a meeting with relevant parties.
  * The plaintiff had access to all relevant documents and information regarding the transaction before it occurred.
  * The plaintiff did not raise any objections or concerns about the act until after it was completed.

• Element 2. The plaintiff knew they had the right to reject the contract due to the act or transaction. The plaintiff was aware that they could refuse to accept the contract because of the specific action or situation involved, which is an important part of the legal argument that supports the idea of ratification.
  

  Facts that might support this element look like:

  * The plaintiff was informed by their legal counsel about their right to reject the contract before signing it.
  * The plaintiff had previously rejected similar contracts, demonstrating their awareness of their rights.
  * The plaintiff received written communication outlining their right to reject the contract prior to its execution.
  * The plaintiff attended a meeting where the terms of the contract and their right to reject it were explicitly discussed.
  * The plaintiff acknowledged in writing their understanding of the right to reject the contract before proceeding with the agreement.

• Element 3. The plaintiff either accepted the act or transaction or expressed an intention to accept it. The plaintiff either agreed to the action or transaction in question or clearly showed that they intended to accept it, which can be used as a defense in legal cases to argue that they cannot later dispute what happened.
  

  Facts that might support this element look like:

  * The plaintiff continued to use the services provided by the defendant after being informed of the terms, indicating acceptance of the transaction.
  * The plaintiff made a payment for the services rendered, demonstrating an intention to accept the agreement.
  * The plaintiff explicitly stated in an email that they were satisfied with the transaction and wished to proceed.
  * The plaintiff did not raise any objections or complaints about the transaction for several months, suggesting tacit acceptance.
  * The plaintiff signed a document acknowledging the terms of the agreement, which reflects their intention to accept the act.

^{(See Form 416.36 Model Form of Verdict For Affirmative Defense—Ratification. Stalley v. Transitional Hospitals of Tampa, 44 So. 3d 627 – Fla: Dist. Court of Appeals, 2nd Dist. 2010. Kumar Corp. v. Nopal Lines, Ltd., 462 So. 2d 1178 – Fla: Dist. Court of Appeals, 3rd Dist. 1985.)}
If you’re in court without a lawyer and plan to assert a Defense of Ratification, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to effectively present your Defense of Ratification.

Prove Your FL Ratification Defense

U.S. Civil Cases Only