University of Miami Law Review


Courts are unwilling to impose products liability on government contractors, particularly during wartime. If a contractor nonnegligently performs a government contract according to specifications provided by the government, then it will be absolved from liability to third parties. This Comment discusses the elements of, and prudential justifications for, this "government contract defense." After examining the relationship between the government contract defense and the doctrine of sovereign immunity, the Comment concludes that the defense is necessary to preserve the government's discretionary authority over military procurement.