Define: Omission

Omission
Omission
Quick Summary of Omission

In law, an “omission” refers to the failure to act or perform a required duty or obligation. While individuals are generally not obligated to act to prevent harm to others, there are certain situations where an omission may give rise to legal liability. For example, individuals with a special relationship or duty of care, such as doctors, employers, or guardians, may be held responsible for omissions that result in harm to others. Additionally, certain statutes or laws may impose affirmative duties to act in specific circumstances, such as reporting child abuse or providing aid to someone in distress. Failure to fulfil these duties may result in legal consequences, such as civil liability or criminal prosecution. Omissions are evaluated based on factors such as foreseeability, relationship between the parties, and the existence of legal obligations or duties.

What is the dictionary definition of Omission?
Dictionary Definition of 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 where it 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.
Full Definition Of Omission

There are few ‘crimes of omission’ in English law. On the whole, failing to prevent harm is not a crime unless there is a legal duty of care. I would not be guilty of any specific offence if I stood by and watched a stranger jump off a cliff, however easy it would be for me to prevent the harm. Cases, where an omission may be an offence, include:

  • wilful refusal to comply with a statutory obligation. An example might be refusing to supply a breath specimen for an alcohol test when the law requires that one does so;
  • not carrying out a duty which is a contractual obligation;
  • failing to exercise a duty of care (e.g., parents for their children), including cases where a duty of care has been assumed (see: Assumed duty of care);
  • where the omission omits to correct a harmful situation caused by the defendant (see: R v Miller (1983)).
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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 28th March, 2024.

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