| 单词 | waiver of tort |
| 释义 | waiver of tort waiver of tort in English law a plaintiff can, instead of seeking dam- ages 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 exclu- sion, 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 Equaliza- tion Board 268 F 575 (1920). |
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