Omission

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Related to omissive: emissive

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)

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.

References in periodicals archive ?
The proposed method can detect the source of the fault more accurately and reduce the rate of misdiagnosis and rate of omissive judgement.
Whenever there is a question about omissive or comissive behavior by an employee or an agency, an investigator's first move is to check the personnel files for fingerprint clearances and reporting law agreements.
Literature is controverted on the form of the surgical ring femoral, and omissive on its dimensions.
However, the federal courts have refused to construe the offense as proscribing entirely omissive non-reporting.
Zero derivation in lexeme-based morphology can therefore be thought of as "omissive" morphology (see for example Beard 1995: 69).
The first problem with this strategy is that Burgean cases always involve an omissive or commissive error about the term.