Waiver of Tort Law and Legal Definition
Waiver of tort is the relinquishment by a plaintiff of his/her right to sue in tort by electing to sue in contract in a case where the plaintiff is entitled to such an election. It constitutes a cause of action in its own right or is a principle which is applied to the choice of a plaintiff, having established an actionable wrong, to seek a remedy by way of restitution, disgorgement or an accounting rather than by way of damages to compensate the plaintiff for his/her loss.
