waiver of tort

waiver of tort
in English law a plaintiff can, instead of seeking damages for a wrong done, seek restitution of the gains made by the defendant. Some torts can be waived, like trespass and deceit, and others cannot.
The defendant, on authority, has to have received a specific sum of money. The value of use and occupation of land cannot be recovered from a trespasser, but this is a narrow rather than a principled exclusion, a fee being recoverable in the case of conversion of a chattel: Strand Electric & Engineering Co. v. Brisford Entertainments [1952] 2 QB 246. In the USA, the concept has been extended to cover even the tort of interference in contract: Federal Sugar Refining Co. v . US Equalization Board 268 F 575 (1920).

Collins dictionary of law. . 2001.

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