Omission

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omission

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Table 2 shows that the most frequent article errors with the highest percentage in the participants' essays were omissions of "the" before nouns made particular in context (30.6%), omissions of "a" before nouns defined by adjectives (12%) and use of "the" instead of 0 before plural nouns (11.2%).
As such, that candidate must already be subjected to unlawful acts or omissions as may be promulgated by law or regulation," Escudero said.
"In the light of this omission, the entire community is not happy, given historical wars caused by land disputed in Twic East county," the letter states.
"This is why we are thrilled to be able to bring like-minded organizations such as CloudInsure and LIU together in a partnership that will provide cloud providers and their clients with solutions to their data privacy and technology errors & omissions exposures."
In certain circumstances, not voting implies participating in a collectively harmful omission. These circumstances are likely to occur in contemporary democracies.
In reviewing prior-period returns, a tax return preparer may discover an error or omission. A preparer may also discover an error on a return in reviewing a position recommended by another adviser concerning a transaction engaged in by the taxpayer.
Be that as it may, Barnwell clarifies the problem at hand by noting three different classes of negligent omissions, each requiring its own particular, but related, solution.
In his Draft Code for Jamaica (40), R S Wright included an extending definition of "act", which was to include "any act or omission, and any series of acts or series of omissions, and any combination of acts and omissions" (41).
Knight and Mason's omissions and my caveats are no more than an indication that much remains to say on the subject.
The recent conflicting rulings on the interpretation of omissions of gross income under section 6501(e)(1)(A) assure this issue will continue to generate much discussion at the trial court level--at least until higher courts weigh in on the matter.