How To Prove A Texas Ratification Claim

 

 

In Texas, a claim 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 claim:

• Element 1. There was approval of the actions of another by act, word, or conduct. Ratification occurs when someone shows agreement with another person’s actions, either by saying so, doing something that supports those actions, or behaving in a way that indicates approval.
  

  Facts that might support this element look like:

  * The principal publicly endorsed the agent’s actions during a team meeting, expressing satisfaction with the decisions made.
  * The principal continued to benefit from the agent’s actions without objection, accepting the results as if they were their own.
  * The principal communicated approval of the agent’s actions through a written email, explicitly stating their agreement with the decisions made.
  * The principal attended an event where the agent’s actions were highlighted, showing support and recognition of the agent’s efforts.
  * The principal made no effort to disavow the agent’s actions despite having knowledge of them, indicating tacit approval.

• Element 2. There was full knowledge of the facts of the earlier act. Full knowledge of the facts of the earlier act means that a person or entity was fully aware of all relevant details and circumstances surrounding a previous action before agreeing to accept or confirm it, which is essential for a ratification claim in legal terms.
  

  Facts that might support this element look like:

  * The defendant was present during the initial act and actively participated in discussions regarding its implications.
  * The defendant received detailed reports outlining the circumstances and consequences of the earlier act prior to any subsequent actions.
  * The defendant expressed approval of the earlier act in written communications to other parties involved.
  * The defendant had access to all relevant documents and evidence related to the earlier act before making any decisions.
  * The defendant acknowledged the earlier act in a public forum, demonstrating awareness and acceptance of its details.

• Element 3. There was an intent to give validity to an earlier act or transaction. In a Ratification Claim, this element means that someone is trying to confirm and make official a previous action or agreement, showing that they intended for it to be recognized as valid and legally binding.
  

  Facts that might support this element look like:

  * The defendant signed a document acknowledging the previous transaction, demonstrating a clear intent to validate the earlier act.
  * The defendant continued to accept benefits from the earlier transaction, indicating an intention to ratify the agreement.
  * The defendant made statements to third parties affirming the legitimacy of the prior act, reflecting an intent to give it validity.
  * The defendant failed to object to the earlier transaction for an extended period, suggesting acceptance and intent to ratify.
  * The defendant took actions consistent with the terms of the earlier transaction, further evidencing an intent to validate it.

^{(See Motel Enterprises, Inc. v. Nobani, 784 SW 2d 545 – Tex: Court of Appeals 1990. Jamail v. Thomas, 481 S.W.2d 485, 490 (Tex. Civ. App. Houston 1972).)}
If you’re in court without a lawyer and plan to assert a Claim 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 navigate the complexities of your legal journey effectively.

Prove Your TX Ratification Claim

U.S. Civil Cases Only