Legal Dictionary of Pakistan

waiver of tort

The election to sue in quasicontract to recover the defendant's unjust benefit, instead of suing in tort to recover damages. See implied-in-law contract under CONTRACT. "A person upon whom a tort has been committed and who brings an action for the benefits received by the tortfeasor is sometimes said to 'waive the tort."' Restatement of Restitution § 525 (1937). " Waiver of tort' is a misnomer. A party only waives a tort in the sense that he elects to sue in quasi-contract to recover the defendant's unjust benefit rather than to sue in tort to recover damages; he has a choice of alternative remedies. But the tort i