The Black’s Law Dictionary defines the term relation back as ‘a principle that an act done today is considered to have been done at an earlier time.’ The doctrine implies that under certain circumstances, an act done later is considered as if it was done earlier. It can also be stated that an act performed by a person in the present situation is linked to an act performed by him in the past to determine the issue or cause of action. According to Section 196 of the Indian Contract Act of 1872, ratifying an act has the same effect as if the acts were performed by his authority in the first place.
It generally occurs when a person acts on behalf of another without the principal’s knowledge or consent, and the principal then ratifies the unapproved act. This provides the person on whose behalf the act was performed with the option of ratifying or disowning it. Although the principal may choose whether or not to adopt the unauthorised act, once approved, the ratification cannot be withdrawn or recalled, and the principal is bound as if he or she had authorised the act.
Done By: Nithyaparvathy R.G, B.Com LL.B (Hons.), Junior Legal Consultant
For Origin Law Labs