Tarrant Texas Ratification of the Alteration of an Instrument Which Was Made after Execution by the Party to be Charged

State:
Multi-State
County:
Tarrant
Control #:
US-01172BG
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Word; 
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Description

An alteration of a written instrument is a change in language of the instrument that is made by one of the parties to the instrument who is entitled to make the change. Any material alteration of a written instrument, after its execution, made by the owner or holder of the instrument, without the consent of the party to be charged, renders the instrument void as to the nonconsenting party. The party to be charged refers to that party or parties against whom enforcement of a contract or instrument is sought.
If a party consents to the alteration, the instrument will not be rendered invalid as to that party.

Tarrant Texas Ratification of the Alteration of an Instrument Which Was Made after Execution by the Party to be Charged refers to a legal process in Tarrant County, Texas, where a party approves and validates changes or alterations made to a document after its initial execution. This ratification is necessary to ensure that the modified instrument attains legal enforceability and reflects the true intentions of all involved parties. In Tarrant County, there are two main types of ratification for alterations made after the execution of an instrument: 1. Express Ratification: Express ratification occurs when the party voluntarily and explicitly approves the modifications made to the document. It may involve a written statement, a signed amendment, or a direct acknowledgment of the changes. This type of ratification is straightforward and provides a clear endorsement of the altered instrument's validity. 2. Implied Ratification: Implied ratification occurs when the party's actions indicate their acceptance and authorization of the alterations made to the instrument. This type of ratification often relies on the party's behavior, conduct, or circumstances of their involvement with the modified document. Implied ratification can be inferred from verbal assurances, continued performance under the altered terms, or acceptance of benefits authorized by the changes. In both types of ratification, it is crucial for the party to be charged to demonstrate their consent to the alterations made after the execution of the instrument. This process ensures that any modifications are legally binding and that the document accurately reflects the intentions of all parties involved. The Tarrant Texas Ratification of the Alteration of an Instrument Which Was Made after Execution by the Party to be Charged protects all parties from potential disputes, misunderstandings, or claims of fraud that may arise due to alterations made post-execution of a document.

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FAQ

What conditions must be complied with to make a general indorser liable under an instrument? - Under Section 66, a general indorser is liable when he engages on due presentment of the instrument that it shall be accepted or paid or both according to its tenor and that if it be dishonored and necessary proceedings are

When the liability of the party, primarily and ultimately liable on the instrument, comes to an end, the instrument is said to be discharged. The discharge of the instrument results in extinguishment of all rights of action under it and the instrument ceases to be negotiable.

There are two main types of liability on a negotiable instrument - primary and secondary liability. The maker of a note and drawee of a draft are primarily liable to pay the instrument. Parties who later sign, transfer, or present an instrument may be secondarily liable to pay the instrument.

It must be signed by the maker or drawer. It must be an unconditional promise or order to pay. It must be for a fixed amount in money. It must be payable on demand or at a definite time.

All parties to a negotiable instrument will be discharged when the party primarily liable on it pays to a holder the full amount due. Intentional cancellation of an instrument discharges the liability of all parties.

A drawer or an indorser will be liable only if the party that is primarily responsible for paying the instrument refuses to do sothat is, dishonors the instrument. To refuse to accept or pay a draft or a promissory note when it is properly presented.

Forgery, as is generally understood by the term, applies only to a false making or signing of an instrument with intent to defraud ; while Alteration refers to the change made in the terms of the document after it has been constructed.

Conditions for Liability in General For an accepted draft on a nonbank, or for an indorser, the conditions are (1) presentment, (2) dishonor, and (3) notice of dishonor.

Which of the following must occur for a drawer to become liable on a check? The three requirements are that (1) the holder of the instrument present the instrument to the drawee in a proper and timely fashion, (2) the instrument be dishonored, and (3) notice of the dishonor be given to the drawer.

Alteration of date, sum payable, time of payment, place of payment, name of parties or rate of interest will be treated as material alteration.

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Tarrant Texas Ratification of the Alteration of an Instrument Which Was Made after Execution by the Party to be Charged