In a cause of action for breach of an implied warranty, an agent who acts without authority or exceeds his or her authority may be held personally liable for damages caused to a consumer. Additionally, an agent purporting to act for and bind a principal whom he or she has no authority to represent, is liable for breach of an implied warranty or in tort to the extent of any damages resulting to the plaintiff from such a misrepresentation of authority. Accordingly, in a cause of action for an implied warranty of authority to act as an agent in making a contract, the action is not on the contract purported to have been authorized by the principal, but it is on the unauthorized conduct of the supposed agent who acted under a false claim of authority.

An experienced West Palm Beach breach of warranty lawyer will advise a plaintiff that the object of the action is to recover damages for the actual losses sustained by the plaintiff that resulted as a natural and proximate result of the breach by the defendant of his implied warranty that he or she was authorized to make the contract. Therefore, the essence of the cause of action is the misrepresentation made by the defendant to the plaintiff's pecuniary injury, thus, the purpose of the action is compensation for those injuries. Accordingly, the rule of compensation in such an action is to return the misled plaintiff back to the condition in which he or she was before acting on the claimed authority of the defendant to make a contract.

Additionally, where an agent is not authorized by the principal to bring an action against a third party for breach of an oral contract, the agent has no standing to bring such an action. Moreover, the fact that an agent makes a contract for the principal who will gain or suffer loss by the performance or nonperformance of the contract by a third party, does not entitle the agent to maintain an action on his or her own behalf against the third party for its breach.

A cause of action for breach of an implied warranty may have many complex issues. Therefore, you should consult an experienced West Palm Beach breach of warranty lawyer, call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.