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" ... based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty... "
Cases Decided in the United States Court of Claims ... with Report of ... - Page lxxiii
by United States. Court of Claims, Audrey Bernhardt - 1949
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Authority and Rules of Senate Committees, 1995-96: A Compilation of the ...

United States. Congress. Senate. Committee on Rules and Administration - 1995 - 334 pages
...agency or an employee of the Government, whether or not the discretion involved be abused. ******* (h) Any claim arising out of assault, battery, false...misrepresentation, deceit, or interference with contract rights: Provided, That, with regard to acts or omissions of investigative or law enforcement officers of the...
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Space Transport Liability:National and International Aspects

R. Bender - 1995 - 424 pages
...discretionary function regardless of whether the discretion be abused, or "(B) any claim arising out of malicious prosecution, abuse of process, libel, slander,...misrepresentation, deceit, or interference with contract rights;" The FSIA does not expressly remove the immunity defense for torts in violation of international law....
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International Law Reports

742 pages
...office or employment; except this paragraph shall not apply to — ... (6) any claim arising out of malicious prosecution, abuse of process, libel, slander,...misrepresentation, deceit, or interference with contract rights. 28 USC § 1605(a) (emphasis added). Section 1605(aX2)'s "commercial activity" exception to sovereign...
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The Practices and Procedures of the Investigative Services of the ..., Volume 4

United States. Congress. Senate. Committee on Armed Services. Subcommittee on Personnel - 1997 - 286 pages
...discretionary function exception does not apply. See ante at p. 10838. SABOW v. UNITED STATES 10839 imprisonment, false arrest, malicious prosecution,...misrepresentation, deceit, or interference with contract rights " 28 USC § 2680(hI. In determining whether a claim "arises out of" one of the enumerated torts, we...
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State Immunity and the Violation of Human Rights

Jürgen Bröhmer - 1997 - 270 pages
...discretionary function regardless of whether the discretion be abused, or (B) any claim arising out of malicious prosecution, abuse of process, libel, slander,...misrepresentation, deceit or interference with contract rights." The significance of this provision lies in the fact that it does not differentiate between governmental...
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The Military Commander and the Law

Richard A. Gittins - 1998 - 633 pages
...prudent person under similar circumstances. 2. EXCLUDED FROM FTCA COVERAGE: intentional torts such as assault, battery, false imprisonment, false arrest,...slander, misrepresentation, deceit, or interference with contractual rights, EXCEPT: (a) those arising out of medical, dental or health care functions, or (b)...
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Sovereign Immunity: Hearing Before the Committee on Indian Affairs, United ...

United States. Congress. Senate. Committee on Indian Affairs (1993- ) - 1998 - 716 pages
...imprisonment, false arrest (with an exception for acts or omissions by federal law enforcement officers) malicious prosecution, abuse of process, libel, slander,...misrepresentation, deceit or interference with contract rights. 617 Thus, it should be apparent that, while S. 1691 purports to waive tribal immunity in a manner similar...
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International Law Reports, Volume 107

E. Lauterpacht, C. J. Greenwood, A. G. Oppenheimer - 1998 - 766 pages
...caused by the act or omission of a foreign State, did not apply in respect of claims arising out of "malicious prosecution, abuse of process, libel, slander,...misrepresentation, deceit or interference with contract rights".2 The Export Group appealed, arguing that there was subject-matter jurisdiction because the...
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Sovereign Immunity: Hearing Before the Committee on Indian Affairs, United ...

United States. Congress. Senate. Committee on Indian Affairs (1993- ) - 1998 - 716 pages
...imprisonment, false arrest (with an exception for acts or omissions by federal law enforcement officers) malicious prosecution, abuse of process, libel, slander,...misrepresentation, deceit or interference with contract rights.*1' Thus, it should be apparent that, while S. 1691 purports to waive tribal immunity in a manner...
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Comparative Studies on Governmental Liability in East and Southeast Asia

Yong Zhang - 1999 - 276 pages
...still limited strictly. For example, until 1974 in the United States, the state was not liable for any claim arising out of assault, battery, false imprisonment,...misrepresentation, deceit, or interference with contract rights; there has been a broad exception for acts or omissions of federal officers exercising due care in carrying...
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