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Simple English definitions for legal terms
waiver of tort
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A quick definition of waiver of tort:
Waiver of tort is when someone chooses to sue in a different way to get back what was taken from them. Instead of suing for damages, they sue to get back what the other person gained unfairly. This is called suing in quasi-contract. It's important to know that even if someone chooses to sue this way, the original wrong that was done to them is still there and needs to be proven.A more thorough explanation:
Waiver of tort is a legal term that refers to the choice of a plaintiff to sue in quasi-contract to recover the defendant's unjust benefit, instead of suing in tort to recover damages.
For example, if a person is injured due to the negligence of another person, they may choose to sue for the benefits received by the tortfeasor, such as medical expenses, lost wages, and other damages. This is known as a waiver of tort.
It is important to note that a waiver of tort does not extinguish the tort. The plaintiff still needs to establish that a tort has been committed in order to pursue either remedy.
Overall, a waiver of tort provides an alternative remedy for plaintiffs who may not be able to recover damages through a traditional tort claim.