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Contract- A legally binding agreement (DEFENSES,…
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FEDERAL TORT CLAIMS ACT
Partially abrogates the doctrine of sovereign immunity with regard to torts and applies the doctrine of respondant superior to make the government liable. *
APPLIES: (1) in-scope negligent torts and (2) inside the United States *Out of Scope: contractors and Outside the United States
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DOES NOT APPLY: (1) Intentional Torts (2) In Foreign Countries (3) Involving Combatant Activities (4) Service members injured incident to service or while exercising a military privilege
CASES: The government is not liable under the FTCA for injuries to-service members when those injuries arose out of, or where in the course of, activities incident to service
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Rational: A system of compensation already exists for service members. Preventing Soldiers from suing their commanders is necessary to maintain military discipline
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Objective Theory of Contracts - The intent will be determined in effect, by asking, "What would a reasonable person have intended?"
How is a contract different from a gift and vice versa? A contract requires consideration and a gift does not
Conditions can be Expressed (stated in the agreement) or Implied (not actually in the agreement but understood by the parties as agreed to)
Frowned upon but are judged based upon their 1. Reasonableness and 2 Length of time, place
You must suffer damages to get money. If the breach is minor, you are wasting your time and money.
CONTRACTUAL DAMAGES Purpose - put the wronged individual in the position that he would have been in had the contract been fully performed
The KEY is foreseeability (Hadley v Baxendale) - the owner should have let the manufacturer know that time was of the essence
Damage Awards can change 1. Remittitur - A judge cuts down the jury's award b/c it is an absurd amount ............... 2. Additur - the judge adds money to the jury's award amount
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MILITARY CLAIMS ACT operates oversees as the FTCA operates in the US (except it is administrative only)