Omission Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Omission, written in plain English, along with examples of how it is used.
What is Omission?
1)A duty that is not accomplished either because it is forgotten or negligance in performance for which the person can be held legally liable for breach of duty. 2)Imporatnt facts that have not been included in a contract,deed or other legal document which can be included by mutual agreement between parties but in some cases it may require an order from the court.
History and Meaning of Omission
Omission refers to the act of not performing a duty, task or obligation that is required under law or agreement. It can be intentional or accidental, but it is always viewed as a breach of duty by the person who is responsible for the action.
In legal terms, an omission is an act of negligence that can lead to legal consequences. When a person fails to perform a duty or obligation, they can be held liable for any harm or damages caused by their inaction. Omission can be found in employment contracts, legal agreements, and other areas of law where one party has a legal obligation to perform an action.
Examples of Omission
- A doctor who fails to diagnose or treat a serious illness could be held responsible for an omission.
- A property owner who fails to fix a hazard on their property, such as a broken step, could be liable for injuries sustained by those who fall as a result of the unaddressed hazard.
- A financial advisor who neglects to inform a client of a significant risk in an investment they are considering may be guilty of an omission.
Legal Terms Similar to Omission
- Negligence – failure to exercise reasonable care resulting in harm to another person or property.
- Commission – refers to an act that is committed or done, rather than omitted.
- Breach of duty – failure to perform a legal obligation or duty.