What must be proved to hold a person guilty for a tort by ratification?
Three considerations arise before a person can be held lieble for a tort by ratification:-
It must be shown that the person ratifying the act ratified it with full knowledge of its being tortious, or it must be shown that, in ratifying and taking the benefit of the act, he meant to take upon himself, without inquiry, the risk of any irregularity which might have been committed, and to adopt the transaction right or wrong.
The act of ratification must take place at a time, and under circumstances when the ratifying party might himself lawfully done the act which he ratifies.
Only such acts bind a principal by subsequent ratification as were done at the time on the principal’s behalf. What is done by a person on his own account cannot be effectually adopted by another. If an act be done by a person on behalf of another, it is in general immaterial whether the authority be given prior or subsequent to the act.
An act which is illegal and void is incapable of ratification. A ratification of tort by a principal will not free the agent from his responsibility to the third persons.