Law Commons^™

Effect Of Exculpatory Clauses Under The Federal Tort Claims Act, John B. Thurman Jr.

Vanderbilt Law Review

The effect of an exculpatory clause' in a federal contract was the subject of two recent cases brought against the government under the Federal Tort Claims Act. In United States v. Kelly the subject of the contract was the sale of "edible garbage," and the contract provided that the garbage was sold "as is" and "without recourse" against the government, and that in any case where the liability of the government was established, the recovery would be limited to the contract price. In Air Transport Associates v. United States the subject of the contract was the use by plaintiff's commercial …