Limitations
Under the FTCA, "he United States liable . . . in the same manner and to the same extent as a private individual under like circumstances, but liable for interest prior to judgment or for punitive damages." 28 U.S.C. 2674. Federal courts have jurisdiction over such claims, but apply the law of the state "where the act or omission occurred." 28 U.S.C. 1346(b). Thus, both federal and state law may impose limitations on liability. The FTCA exempts, among other things, claims based upon the performance, or failure to perform a "discretionary function or duty." The FTCA also exempts a number of intentional torts.
The Supreme Court of the United States has limited the use of the FTCA in cases involving the military in the Feres doctrine.
Read more about this topic: Federal Tort Claims Act
Famous quotes containing the word limitations:
“Growing up means letting go of the dearest megalomaniacal dreams of our childhood. Growing up means knowing they can’t be fulfilled. Growing up means gaining the wisdom and skills to get what we want within the limitations imposed by reality—a reality which consists of diminished powers, restricted freedoms and, with the people we love, imperfect connections.”
—Judith Viorst (20th century)
“That all may be so, but when I begin to exercise that power I am not conscious of the power, but only of the limitations imposed on me.”
—William Howard Taft (1857–1930)
“The motion picture made in Hollywood, if it is to create art at all, must do so within such strangling limitations of subject and treatment that it is a blind wonder it ever achieves any distinction beyond the purely mechanical slickness of a glass and chromium bathroom.”
—Raymond Chandler (1888–1959)