Also known as: without authorisation · unauthorized · without authority
Written by attorneys · grounded in primary & secondary sources — see below
Conduct or access occurring without the permission or legal power granted by the relevant party or rule. The condition renders the act voidable, criminal, or tortious depending on the governing doctrine. It focuses on the absence of authority rather than the actor's motive.
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Winston West, a solo practitioner, stores client files on an unencrypted shared drive accessible to all firm staff. A paralegal without client-matter responsibility opens the files while preparing a different matter. The client later discovers the access and complains that confidential information was exposed.
Wren Wright and several friends enter an apparently abandoned home at night for a party involving drug use. Officers responding to complaints observe the empty interior and the group's behavior. The officers arrest the group for unlawful entry on the inference that their presence lacks any owner's permission.
Wyatt Wilson, who is neither the record owner nor holding any power of attorney, signs a deed conveying Watershed Pharmaceuticals' warehouse to a buyer. The buyer records the deed and later discovers the defect when a title search reveals the missing authority. The deed is challenged as voidable for lack of proper execution.
Woodridge Manufacturing's board votes to merge with a competitor without obtaining the shareholder approval required by the articles. Shareholders bring suit to enjoin the merger. The court considers whether to set aside the transaction and award damages for losses caused by the unauthorized corporate act.
Wren Wallace receives a check from Walter Washington for $500 and adds a zero to make the amount $5,000 before depositing it. The bank pays the altered sum. Washington later disputes the payment on the ground that the change was an unauthorized alteration of the instrument.
Winterhaven Logistics places Whitney White's portrait and name on a nationwide mailer promoting its delivery services. White never consented to the use and had only completed an internal survey. She sues for appropriation of her identity for the company's commercial benefit.
No. The inquiry centers on the presence or absence of permission or legal power, not on whether the actor acted for a good or bad reason. Courts and rules focus on whether the governing authority granted permission for the specific act.
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Execution by someone lacking record ownership, a valid power of attorney, guardianship, trusteeship, or corporate authority may render the deed void or voidable. Capacity and authority are essential elements of a valid deed transfer.
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Shareholders may seek to enjoin or set aside the act if equitable and if all affected persons are parties. The court may also award damages for actual losses suffered because of the unauthorized act, excluding anticipated profits.
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An unauthorized change that modifies a party's obligation or adds terms to an incomplete instrument constitutes an alteration. A fraudulent alteration generally discharges the affected party unless that party assents or is precluded from asserting the defense.
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The plaintiff must show that the defendant used the plaintiff's name or likeness without consent for the defendant's own commercial benefit. No showing of falsity or reputational harm is required. The unauthorized exploitation itself supplies the basis for liability.
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