Same - Effect Of Ratification And Disaffirmance

112. Ratification renders the contract absolutely binding ab initio.

113. Disaffirmance renders the contract absolutely void ab initio, and the rights of the parties are determined as if there had never been a contract between them.

114. Third parties, therefore, acquire no rights under an avoided contract.


The effect of a ratification, whether it is in express words or implied from conduct is to render the contract binding ab initio.78 The new promise is not a new contract, but simply a ratification of the original contract; and a suit if brought must be on the original contract, and not on the new promise. The ratification cannot afterwards be retracted and the contract disaffirmed.79