The word wrongful in the FTCA does not import strict liability, only trespass

Evidence

Petitioners rely on the word “wrongful” though as showing that something in addition to negligence is covered. This argument, as we have pointed out, does not override the fact that the Act does require some brand of misfeasance or nonfeasance, and so could not extend to liability without fault; in addition, the legislative history of the word indicates clearly that it was not added to the jurisdictional grant with any overtones of the absolute liability theory. Rather, Committee discussion indicates that it had a much narrower inspiration: “trespasses” which might not be considered strictly negligent. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2095

Categorization

• DEFINE: Shows how statutory words are interpreted against their legislative-history inspiration, a key mode of legal interpretation running through this course’s materials.
• XREF: Relates to ch12 material on private civil enforcement and the meanings of statutory terms, plus the ch6 note that parties reading identical statutory language differently. — connects to: Legislators chose disaster-relief over fault-based framing to set award ceilings — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2138; The discretionary-function exception replaced activity-specific carve-outs in 1942 tort bills — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2056