Legal Definitions - ratihabitio

Ratihabitio refers to the act of giving approval or confirmation to an action that was initially performed by someone else without full or explicit prior authorization. It essentially means a person (the "principal") retroactively validates or ratifies an act carried out on their behalf by another individual (the "agent"), making that act legally binding as if it had been authorized from the start.

• Example 1: Business Contract Approval

  Imagine Sarah owns a small manufacturing company. Her sales manager, Mark, identifies an urgent opportunity to secure a large order from a new client, but the terms of the deal require him to offer a discount slightly beyond his usual authorized limit. Without waiting for Sarah's direct approval, Mark signs the contract to secure the deal, believing it's in the company's best interest. When Sarah reviews the signed contract later, she sees the significant revenue potential and formally approves the terms, instructing the finance department to proceed. Sarah's act of approving Mark's unauthorized signing of the contract is an example of ratihabitio.

• Example 2: Property Management Decision

  Consider David, who owns a rental property and lives out of state. His property manager, Emily, notices a severe leak in the roof after a storm and immediately hires a roofing company for an emergency repair, even though the repair cost exceeds the amount she is typically authorized to spend without David's direct consent. When Emily informs David about the situation and the repair, David reviews the invoice and approves the payment, acknowledging the necessity of the quick action. David's approval of Emily's decision to authorize the repair is ratihabitio.

• Example 3: Legal Settlement Offer

  In a law firm, a junior associate, Alex, is handling a negotiation for a client. During a heated discussion with the opposing counsel, Alex, under pressure, makes a slightly more generous settlement offer than was explicitly pre-approved by the senior partner overseeing the case. When Alex reports this to the senior partner, the partner evaluates the offer in the context of avoiding a costly trial and decides it's a reasonable and strategic move. The senior partner then formally endorses Alex's offer to the opposing side. This endorsement by the senior partner, validating Alex's initial unauthorized offer, constitutes ratihabitio.