The equitabe remedy of ratification cannot be relied upon so as to render an innocent recipient a wrongdoer. Cotton LJ said ‘an act lawful at the time of its performance [cannot] be rendered unlawful, by the application of the doctrine of ratification.’
Judges:
Cotton LJ
Citations:
(1889) 41 ChD 295
Jurisdiction:
England and Wales
Cited by:
Cited – Lipkin Gorman (a Firm) v Karpnale Ltd HL 6-Jun-1991
The plaintiff firm of solicitors sought to recover money which had been stolen from them by a partner, and then gambled away with the defendant. He had purchased their gaming chips, and the plaintiff argued that these, being gambling debts, were . .
Distinguished – Dibbins v Dibbins 1896
A partnership deed provided an option for a surviving partner to purchase a deceased’s partner’s share upon giving notice within three months of the death. The partner who survived was not of sound mind, but his solicitor gave timely notice, later . .
Lists of cited by and citing cases may be incomplete.
Equity
Updated: 29 June 2022; Ref: scu.259438