Also known as: w/o permission · unauthorized · without consent · without authorization
Written by attorneys · grounded in primary & secondary sources — see below
Conduct or access occurring without the required authorization or consent from the party entitled to grant it. The absence of permission renders the action unauthorized under the governing rule or statute.
Select any source to read its text and confirm it supports the definition.
Walter Washington, a solo practitioner, emailed a client's confidential settlement strategy to an opposing counsel whose address he had saved from a prior matter. The client later discovered the disclosure during discovery and demanded an explanation. Walter had taken no steps to verify the recipient address or encrypt the message before sending.
William Williams and three friends entered a vacant house through an unlocked side door and began using drugs inside. Officers responding to a neighbor complaint observed the barren interior and the group's behavior. The officers arrested the group for unlawful entry after inferring from the scene that no owner had authorized their presence.
Wade Watson, who held no power of attorney or other authority, signed a warranty deed transferring Wendy Wu's recorded property to a buyer. The buyer recorded the deed and later sought to quiet title. The court held the deed voidable because only the record owner or an authorized agent could execute it.
Woodridge Manufacturing's board approved a stock issuance that exceeded the authorized shares in the articles. A group of shareholders sued to enjoin the issuance. The court set aside the transaction after finding that all affected parties were before it and that the corporation had suffered measurable loss from the unauthorized act.
Walker Valley Produce gave a promissory note to Wrightway Engineering for equipment. An employee of Wrightway added an interest rate and maturity date without the maker's consent. When the note was presented for payment, the court treated the additions as an unauthorized alteration that discharged the maker's obligation.
Watershed Pharmaceuticals used Willa Whitman's name and personal medical history in an advertising campaign without her consent. Whitman sued for misappropriation of likeness. The court held that the unauthorized commercial use of her identity gave rise to liability even absent any defamatory statement.
No. The term focuses on the objective absence of authorization from the entitled party. Several rules impose liability once the act occurs without consent, regardless of the actor's subjective awareness.
Yes. Restatement principles allow affirmance of an unauthorized transaction through conduct that treats the act as authorized, such as accepting benefits or failing to repudiate it within a reasonable time.