Law Commons^™

The Federal Tort Claims Act And Its Application To Military Personnel, Harold F. Mcniece, John V. Thornton

Vanderbilt Law Review

The background and history of the Federal Tort Claims Act" are well known. Stemming in part from the medieval political theory that the King could do no wrong, a doctrine evolved in English law that the Crown was, in the absence of its consent, immune to suit. This concept became a part of the American common law, and in the main was enforced as rigorously on this side of the Atlantic as in the mother country.

The oft-times inequitable consequences of sovereign immunity in the United States were at first sought to be ameliorated through the device of private legislative …