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Full-Text Articles in Law

The Federal Tort Claims Act: A Proposed Construction Of The Discretionary Function Exception, Cornelius J. Peck Aug 1956

The Federal Tort Claims Act: A Proposed Construction Of The Discretionary Function Exception, Cornelius J. Peck

Washington Law Review

The purpose of this article is a limited one. It contains no suggestions for a broad statutory scheme for distributing all the burdens and costs of government. Its purpose is to suggest no more than a workable and just construction for the discretionary function exception of the statute. For the greatest part, the suggestion is no more than what the legislative history of the exception suggests—that the courts take note of the special problems of determining the liability of the Government for torts and then proceed to decide the cases as they would have done if the exception were not …


Torts - Federal Torts Claims Act- Pertinence Of Governmental Proprietary Distinction, David L. Nelson Apr 1956

Torts - Federal Torts Claims Act- Pertinence Of Governmental Proprietary Distinction, David L. Nelson

Michigan Law Review

The tug Navajo went aground and its cargo was severely damaged by water. The owners and insurers of the tug and its cargo brought an action under the Federal Tort Claims Act alleging that the grounding of the Navajo was caused by the failure of the light in the lighthouse on Chandeleur Island, and that this failure was attributable to negligent acts and omissions on the part of Coast Guard personnel whose duty it was to check the light. The district court dismissed the action on the ground that the United States had not consented to be sued in the …


Torts--Voluntary Assumption Of Duty--Federal Tort Claims Act, W. A. K. Apr 1956

Torts--Voluntary Assumption Of Duty--Federal Tort Claims Act, W. A. K.

West Virginia Law Review

No abstract provided.