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Simple English definitions for legal terms
casus omissus
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A quick definition of casus omissus:
Term: Casus Omissus
Definition: Casus omissus means a situation that is not covered by a law or contract. This means that there is no rule or guidance for what should happen in this situation. When this happens, judges may have to make a new law to deal with the situation. Sometimes, lawmakers try to avoid this by making very detailed laws that cover every possible situation. However, this can make the law very complicated and hard to understand.
A more thorough explanation:
Definition: Casus omissus is a Latin term that means "case omitted." It refers to a situation that is not covered by a statute or contract, and therefore, it is governed by case law or new judge-made law. When a casus omissus occurs, it is up to the courts to interpret the law and make a decision based on the facts of the case.
For example, let's say that a state has a law that requires all drivers to wear a seatbelt while driving. However, the law does not specify what type of seatbelt is required. If a driver is pulled over for not wearing a seatbelt and is wearing a lap belt instead of a shoulder belt, this would be a casus omissus. The court would have to decide whether the driver was in violation of the law or not.
Another example of casus omissus is when a contract does not specify what happens in a certain situation. For instance, if a lease agreement does not state what happens if a tenant breaks a window, this would be a casus omissus. The court would have to decide who is responsible for paying for the damages.
In summary, casus omissus refers to a situation that is not covered by a law or contract, and it is up to the courts to interpret the law and make a decision based on the facts of the case.