Legal Question in Federal Tort Claims in California

Can the federal government be sued for "breach of implied contract?" I know the federal government cannot be sued for interference with contract. But it is my understanding that a breach of contract claim is NOT the same as a tort claim (and, please, correct me if I am wrong). I am asking though if I still need to file a "federal tort claim" to pursue my claim of "breach of implied contract?" Or, can I sue the federal government for breaching a clear implied agreement at all? More, is such a breach of implied agreement a "question of fact" for a jury to decide upon? And, finally, does such a lawsuit have to be filed in the "court of claims?" (This is a lawsuit that would involve many thousands of individuals -- hundreds of thousands, making it a class action if my theory of "breach of implied contract" is legally valid. I will tell you all about it if you are actually interested. But an answer to my question would certainly help me out greatly too.)


Asked on 11/24/09, 6:50 am

1 Answer from Attorneys
Stephen Petix Quinton & Petix

Yes, the Government can be sued for breach of an implied contract. See 28 U.S.Code, Section 1346(a)(2).

If it truly is a breach of contract claim, an administrative tort claim is not required.

If the claim or claims are worth $10,000 or LESS, they may be brought by filing suit in the U. S. District Court for the judicial district where you live. If more than $10,000, suit must be filed in the U.S. Court of Federal Claims, in Wash., D.C. See 28 U.S.Code, Sec. 1346(a)(2).

In either case, you are not entitled to a jury trial. The fact finder will be a federal judge, sitting without a jury. See U.S. Code, Sec. 2402.

No, I am NOT interested in hearing more about your theory.

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Answered on 12/02/09, 9:37 pm


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