LAWLIGHTS BLOG
KSLU UNIVERSITY EXAM PREPRATION MATERIALS
CASE LAWS: CONTRACT LAW
Dec - 2012
X holds a lease from Y terminable on 3 months notice Z an unauthorized person, gives a notice of termination to X. can the notice be ratified by Y?
Answer:
No, the notice cannot be ratified by Y.
This
comes under section 200 of the Indian contract act 1872 which states that
ratification of unauthorized act cannot injure third person.
When
an act done by one person on behalf of another, without such other person’s authority,
which if done with authority would have the effect of subjecting third person
to damages or of terminating any right or interest of a third person, cannot by
ratification, be made to have such effect.
This
means that an act of an unauthorized person which shall give rise to damages or
termination of any right on the part of a third person cannot be ratified by
the person on whose behalf it was acted upon.
By
this reference, In the above case Y is the lessor and X is the lessee and the
contract is between them for a terminable period of 3 months of notice. Z without any authority from Y gives a
notice of termination of the lease to X. This act of Z cannot be ratified by Y
as it shall injure X in the process.
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