Exercising dominion over someone else’s property, including in commercial settings.
Esshaki Legal Media TeamCurrent as of February 2023
Conversion is an intentional exercise of dominion over another’s personal
property that seriously interferes with the owner’s right of control. The remedy
is the full value of the property, which is why it is pleaded alongside contract
claims.
Intent goes to the act, not to wrongfulness. A defendant who genuinely
believed it had a right to the property is still liable if it exercised
dominion.
Money. Conversion of money is recognized where the funds are identifiable
and specific — a segregated account, funds held in trust, an escrow — rather
than a general obligation to pay. A claim for conversion of an unpaid debt fails.
Intangibles. Traditional doctrine required tangible property, but modern
authority extends conversion to intangibles merged in a document, and
increasingly to electronic records and domain names.
Demand and refusal may be necessary where the original possession was
lawful, as with a bailee or a departing employee retaining company property.
Sending a written demand is therefore a practical prerequisite.
Statutory conversion in some states adds treble damages and attorney fees,
with an additional element such as knowledge that the property was converted.
Common commercial settings. Retention of equipment after termination,
misdirected wire transfers, disposal of goods held on consignment, and
appropriation of company data by departing employees.