Bennett v Strauss

In *Bennett v Strauss*, the plaintiff alleged that a contract had been formed with the defendant mother, based on the actions of her daughter who purported to act with the mother's authority. The finding that the daughter lacked actual authority to enter into the contract was not challenged on appeal. The central dispute concerned whether the mother's subsequent conduct could constitute ratification of the purported contract.

The Court of Appeal was required to determine whether the circumstances were such that the mother's subsequent acts could be construed as ratification of the daughter's actions, thereby giving rise to a binding contract. This involved an examination of the requirements for ratification under general contractual principles, specifically whether the daughter's conduct was contractual in nature and whether the mother's subsequent actions met the legal threshold for ratification.

The Court reasoned that for ratification to occur, the initial act must be done on behalf of the principal, and the principal must subsequently affirm that act with full knowledge of the material facts. In this instance, it was not demonstrated that the daughter's conduct was contractual in nature, nor was there sufficient evidence to establish that the mother's subsequent actions amounted to an affirmation of a contract. Consequently, the requirements for ratification were not met.

The appeal was dismissed, and the appellant was ordered to pay the respondents' costs of the appeal.