Question

What is the diflerence between Repudiation and Ratification? Give two examples of situations where

these two rules apply. ? What is meant by the Part Performance Rule in contracts? What is meant by Revocation of an Offer?

Answer 1

Repudiation is the rejection of any idea or proposal.

Examples include:

i) A government repudiating a claim made by its opposition in Parliament.

ii) An insurance company or insurer repudiating a claim made by an insured party or insured.

Ratification is the signing of any treaty, agreement or contract making it legally valid and binding.

Examples include:

i) A President or executive head of a country ratifying or formally giving assent to a Bill passed by a Parliament to make it a law.

ii) States ratifying a federal law passed by a central or national law in order to formally accede to the law.

iii) Ratification of international conventions and treaties by State nations thereby formally acceding to that law.

The doctrine of Part Performance or the Part-Performance Rule in contracts stems from the objective that a party in a contract has already performed a part of a contract. It is also termed as Equitable Estoppel in law and is based on the principle of 'which ought to have been done' and mainly applies to leases, mortgages, etc. It protects the rights of a party who has performed or honoured part of the contract even in the case of an oral contract a court can accept it and protect the binding nature of the contract.

Revocation of an offer is the withdrawal of an offer made by an offeror to an offeree for the sale or lease of a property or even of employment offer in terms of a job before it is accepted by the party to whom the offer is made or offeree and must be clearly communicated in advance by an offeror to an offeree in order to stand revoked.