Article Title

State Law versus a Federal Common Law of Torts

Authors

Irvin M. Gottlieb

First Page

206

Abstract

The Statute, Its Scope and Basic Standard Section 421(k) of the Federal Tort Claims Act excludes from its coverage "any claim arising in a foreign country."' The Foreign Claims Act which was passed by the 77th Congress and amended by the 78th Congress has specific application to foreign countries, including places located therein which are under the temporary or permanent jurisdiction of the United States.

Court test of the territorial scope of the Federal Tort Claims Act arose in a series of cases decided in 1948, culminating in United States v. Spelar, where the issue of possible foreign coverage was definitely ruled out. As a result of the foregoing cases, conflict of laws problems involving the domestic law of foreign nations do notarise in the administration of the statute. Of course, Alaska, the Canal Zone, the Virgin Islands, Territory of Hawaii, Puerto Rico, Guam and all island possessions of the United States fall within the coverage of the statute.

Recommended Citation

Irvin M. Gottlieb, State Law versus a Federal Common Law of Torts, 7 Vanderbilt Law Review 206 (1954)
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol7/iss2/4