Legal Definitions - unauthorized

Unauthorized describes any action, document, or transaction that has been carried out without proper permission or legal power. This means the individual performing the action lacked the necessary authority, whether that authority was explicitly granted (actual authority), reasonably understood to be part of their role (implied authority), or appeared to exist based on how they were presented by another party (apparent authority).

• Example 1: Accessing Restricted Information

  A freelance graphic designer, hired to create a new company logo, discovers a folder on the shared network drive containing sensitive employee salary information. Out of curiosity, they open the folder and browse the documents.

  Explanation: The graphic designer's access to and viewing of the salary information is unauthorized. While they had permission to access certain parts of the company's network for their design work, they did not have explicit or implied authority to view confidential employee data. Their actions exceeded the scope of their granted permissions.

• Example 2: Signing a Financial Document

  A bookkeeper at a small business, without consulting the owner, signs a loan application for a significant amount of money on behalf of the company, using the owner's name. The bookkeeper was only authorized to manage daily expenses and payroll.

  Explanation: The bookkeeper's signature on the loan application is unauthorized. They lacked the *actual authority* (explicit permission) from the business owner to bind the company to a major financial obligation like a loan. The owner would likely not be legally bound by this application.

• Example 3: Making a Major Purchase

  A sales associate at an electronics store promises a customer a full refund on a television, even if it's damaged by the customer, claiming it's part of a "special manager's guarantee." In reality, the store's policy only allows refunds for manufacturer defects, and only the store manager has the discretion to approve exceptions, which they did not do in this case.

  Explanation: The sales associate's promise of a full refund for customer-damaged goods is unauthorized. While sales associates have *implied authority* to discuss product features and standard return policies, they typically do not have *apparent authority* to create new, extraordinary guarantees that contradict established store policy, especially without the manager's explicit approval. The store might not be obligated to honor this specific promise because the associate exceeded their authority.