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n. 1) failure to perform an act agreed to, where there is a duty to an individual or the public to act (including omitting to take care) or is required by law. Such an omission may give rise to a lawsuit in the same way as a negligent or improper act. 2) inadvertently leaving out a word, phrase or other language from a contract, deed, judgment or other document. If the parties agree that the omission was due to a mutual mistake, the document may be "reformed," but this may require a petition for a court order making the correction if it had been relied upon by government authorities or third parties. (See: negligence, breach of contract, reformation)
omissionnoun breach, carelessness, default, default in performance, delinquency, dereliction, disregard, exclusion, failure, failure to perform, inadvertence, laxity, laxness, leaving out, neglect, neglect to perform, negligence, nonfeasance, noninclusion, oversight, passing over, praetermissio, pretermission, remissness, slip
Associated concepts: material omission, negligent omission, omission of duty, omission to act, willful omission
Foreign phrases: Omissio eorum quae tacite insunt nihil operatur.The omission of those things which are tacitly expressed is unimportant.
See also: breach, default, deficiency, deficit, delinquency, dereliction, desuetude, dishonor, dispensation, exception, exclusion, failure, fault, flaw, infraction, laches, miscue, mistake, neglect, negligence, nonfeasance, nonpayment, nonperformance, offense, ostracism, rejection, removal, renunciation
OMISSION. An omission is the neglect to perform what the law requires.
2. When a public law enjoins on certain officers duties to be performed by them for the public, and they omit to perform them, they may be indicted: for example, supervisors of the highways are required to repair the public roads; the neglect to do so will render them liable to be indicted.
3. When a nuisance arises in consequence of an omission, it cannot be abated if it be a private nuisance without giving notice, when such notice can be given. Vide Branches; Commission; Nuisance; Trees.