This legal concept describes a situation where an individual initially possesses property lawfully but then wrongfully appropriates it for their own use, acting inconsistently with the owner’s rights. For example, if a person borrows a vehicle with permission but then sells it without the owner’s consent, this action could constitute this particular wrong. The essence lies not in the original acquisition, which is legitimate, but in the subsequent, unauthorized exercise of dominion over the asset.
Understanding this principle is important because it addresses a common form of misappropriation that differs from traditional larceny. It covers instances where trust or a bailment relationship exists. Historically, it has evolved to address gaps in common law theft definitions, providing a legal remedy for owners deprived of their property through deceptive or opportunistic actions. The penalties associated with such offenses can vary, reflecting the value of the misappropriated property and the applicable jurisdictional laws.