How To Prove A Texas Ratification Defense

 

 

In Texas, 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. There was approval of the actions of another by act, word, or conduct. Ratification occurs when someone shows they agree with another person’s actions, either by what they say, what they do, or how they behave, effectively giving their approval to those actions after the fact.
  

  Facts that might support this element look like:

  * The defendant publicly endorsed the actions taken by the agent during a company meeting, expressing full support for the decisions made.
  * The defendant continued to accept the benefits of the agent’s actions without objection, indicating approval of the conduct.
  * The defendant communicated approval through written correspondence, explicitly stating that the agent’s actions were in line with company policy.
  * The defendant’s silence in response to the agent’s actions, despite having the opportunity to object, can be interpreted as tacit approval.
  * The defendant praised the agent’s performance in a team setting, reinforcing the legitimacy of the actions taken.

• Element 2. There was full knowledge of the facts of the earlier act. In a Ratification Defense, “full knowledge of the facts of the earlier act” means that a person fully understood what happened in a previous situation before agreeing to it, indicating they were aware of all important details and consequences involved.
  

  Facts that might support this element look like:

  * The defendant was present during the initial act and actively participated in the discussions surrounding it.
  * The defendant received detailed reports and documentation outlining the specifics 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 information and evidence regarding the earlier act before making any decisions.
  * The defendant did not raise any objections or concerns about the earlier act when it was first executed.

• Element 3. There was an intent to give validity to an earlier act or transaction. Ratification Defense involves confirming and validating a previous action or agreement, showing that the parties involved intended to accept and uphold that earlier decision, even if it may not have followed all the proper legal steps at the time.
  

  Facts that might support this element look like:

  * The defendant signed a document acknowledging the previous transaction, indicating a clear intent to validate the earlier act.
  * The defendant continued to accept benefits from the transaction, demonstrating an intention to ratify the prior agreement.
  * The defendant made statements to third parties expressing approval of the earlier act, reflecting an intent to affirm its validity.
  * The defendant failed to object to the transaction for an extended period, suggesting acceptance and intent to ratify the earlier act.
  * The defendant engaged in actions consistent with the terms of the earlier transaction, indicating a desire to give it legal effect.

^{(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 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 TX Ratification Defense

U.S. Civil Cases Only