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. In the USA, the concept has been extended to cover even the tort of interference in contract.