Discretionary Function Exception Law and Legal Definition

The Federal Torts Claims Act is limited by a number of exceptions pursuant to which the government is not subject to a suit, even if a private employer could be liable under the same circumstances. Federal Torts Claims Act provides for discretionary function exception. According to 28 USCS § 2680 (a) the waiver of immunity does not apply to any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.