Key Difference – Ratification vs Rectification
Ratification and rectification are derived from the verbs rectify and ratify, respectively. These two legal terms, however, are often confused by many people since they look and sound somewhat similar. Nevertheless, they have very different meanings. Rectification refers to the action of correcting or improving something whereas ratification refers to the action of giving formal approval to something. This is the key difference between ratification and rectification.
CONTENTS
1. Overview and Key Difference
2. What is Ratification
3. What is Rectification
4. Side by Side Comparison – Ratification vs Rectification
5. Summary
What is Ratification?
Although many people confuse ratification with rectification, these two words have different meanings. The noun ratification comes from the verb ratify. Ratify means to approve and give formal sanction to something; thus, ratification refers to the action of giving formal approval to something, making it valid. This noun is typically used with regard to concepts such as treaties, contracts, or agreements.
Ratification is also a specific legal term. Collins Dictionary of Law describes ratification as “affirmation of a previous and unauthorized Act; ratification has the effect of putting the Act in the same position as if it had been originally authorized.” It uses the example of a ratification (confirmation or formal approval) by a principal of an unauthorized contract entered into by his agent. Suppose a person prepares a legal document (ex: contract) on behalf of another person, but it has not yet received the approval of the person on whose behalf (principal) it was made. When the principal officially confirms this document, this confirmation can be called a ratification.
As mentioned above, ratification is mostly used in contract law and international treaties. The term can also apply to the amendments to the constitution of a country and ratification of them.
Figure 01: Ratification of the Peace Treaty between Japan and Russia, 1905
What is Rectification?
In a general sense, the term rectification refers to the action of putting something right; in other words, this refers to a correction or an improvement. This noun comes from the verb rectify. However, the term rectification has a specific meaning in legalese.
In English Law, rectification is the “the power in the courts to correct a document that has been drawn in such a way that it incorrectly reflects the intention of the parties” (Collins Dictionary of Law). In other words, this is a remedy where a court can order to make a change in a document in order to correct a mistake, i.e., what it ought to have said in the first place. In the United States, rectification is also known as reformation. Rectification is an equitable remedy; therefore, its applications are limited.
What is the difference between Ratification and Rectification?
Ratification vs Rectification |
|
| Rectification refers to the action of correcting or improving something. | Ratification refers to the action of giving formal approval to something. |
| Verb | |
| Rectification comes from the verb rectify. | Ratification comes from the verb ratify. |
| Legal Definition | |
| Rectification is “the power in the courts to correct a document that has been drawn in such a way that it incorrectly reflects the intention of the parties”. | Ractification is the “confirmation of an action which was not pre-approved and may not have been authorized, usually by a principal (employer) who adopts the acts of his/her agent (employee). |
Summary – Ratification vs Rectification
Ratification and rectification are two legal terms that are used in regard to written documents such as treaties, contracts, and other agreements. However, there is a distinct difference between ratification and rectification. Rectification refers to the action of correcting or improving something while ratification refers to the action of giving formal approval to something.
Reference:
1. rectification. (n.d.) Collins Dictionary of Law. (2006). Retrieved May 16 2017 from http://legal-dictionary.thefreedictionary.com/rectification
2. ratification. Legal Dictionary – Law.com. Retrieved May 16 2017 from http://dictionary.law.com/Default.aspx?selected=1720
3. ratification. (n.d.) Collins Dictionary of Law. (2006). Retrieved May 16 2017 from http://legal-dictionary.thefreedictionary.com/ratification
Image Courtesy:
1. “Ratification of the Peace Treaty between Japan and Russia 25 November 1905” By World Imaging – Own work, photographed at Japan Foreign Ministry Archives (CC BY-SA 3.0) via Commons Wikimedia