Legal Definitions - affirmance

Affirmance refers to the act of validating or confirming something that could have been challenged or overturned. It typically applies in two main legal contexts:

• In contracts and transactions: This occurs when a party has the legal right to cancel or reject an agreement or action (for example, due to fraud, mistake, or an unauthorized act), but instead chooses to accept it and treat it as fully valid and binding. By doing so, they give up their right to challenge it later.

  • Example 1 (Voidable Contract): A homeowner hires a contractor for a renovation project. Midway through, the homeowner discovers the contractor misrepresented their qualifications. The homeowner initially has the right to terminate the contract due to this misrepresentation. However, after discussing the issue, the homeowner decides to let the contractor finish the work, perhaps after negotiating a small price reduction. By allowing the work to continue and accepting the revised terms, the homeowner performs an affirmance, validating the contract despite the initial defect.

  • Example 2 (Unauthorized Act by Agent): A company's sales representative, without explicit permission, offers a significant discount to a potential client to close a large deal quickly. When the company's management learns of this unauthorized discount, they could choose to reject the deal. However, recognizing the strategic importance of the client, they decide to honor the discount and proceed with the sale. This decision constitutes an affirmance, retroactively authorizing the sales representative's action and making the deal binding on the company.

• In appellate courts: This refers to a higher court's decision to uphold a judgment, order, or decree made by a lower court. After reviewing the case, the appellate court agrees with the lower court's findings and legal conclusions.

  • Example 3 (Appellate Court Decision): A defendant is found liable for damages in a civil lawsuit by a trial court. The defendant appeals this decision, arguing that the trial court made legal errors. After reviewing all the submitted documents, arguments, and the trial record, the appellate court concludes that the trial court's judgment was correct and legally sound. The appellate court's ruling to let the original judgment stand is an affirmance.