affirmance

affirmance, n.

1. A ratification, reacceptance, or confirmation.

“A party who has the power of avoidance may lose it by action that manifests a willingness to go on with the contract. Such action is known as ‘affirmance’ and has the effect of ratifying the contract. See Restatement of Restitution § 68. The rule stated in this Section is a special application of that stated in § 85, under which a promise to perform a voidable duty is binding. On ratification, the affirming party is bound as from the outset and the other party continues to be bound.” Restatement (Second) of Contracts § 380 cmt. a (1979).

2. The formal approval by an appellate court of a lower court’s judgment, order, or decree. [Cases: Appeal and Error 1124–1145. C.J.S. Appeal and Error §§ 714, 745, 770, 814, 826, 864–868, 878–898.]

3. The manifestation of a choice by someone with the power of avoidance to treat a voidable or unauthorized transaction as valid or authorized.

4. The manifestation of a choice, by one on whose behalf an unauthorized act has been performed, to treat the act as authorized. Restatement (Second) of Agency § 83 (1958). — affirm, vb.


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