Legal Definitions - act of commission

An act of commission refers to an action that a person or entity *takes* or *performs*, rather than something they fail to do. In a legal context, it describes an affirmative, deliberate action that leads to a particular outcome, which may be harmful, illegal, or a breach of duty. It is about actively doing something, as opposed to an "act of omission," which is a failure to act.

Here are some examples illustrating an act of commission:

• Example 1: Intentional Misrepresentation

  A car salesperson knowingly tells a customer that a used car has never been in an accident, even though they are aware it was involved in a major collision. The customer relies on this statement and buys the car.

  Explanation: The salesperson's act of *telling* the customer a false statement is an act of commission. They actively and deliberately made a misrepresentation, which is an affirmative action, rather than simply failing to disclose information (which would be an omission).

• Example 2: Physical Assault

  During an argument, one person intentionally pushes another person, causing them to fall and sustain an injury.

  Explanation: The act of *pushing* is a direct, physical action taken by the aggressor. This is an act of commission because it involves a deliberate physical movement that directly caused harm, rather than a failure to prevent harm.

• Example 3: Copyright Infringement

  A graphic designer uses a copyrighted image in a commercial advertisement without obtaining permission or a license from the copyright holder.

  Explanation: The designer's action of *incorporating* the copyrighted image into their work and *publishing* it is an act of commission. They actively performed the unauthorized use of intellectual property, which constitutes the infringement.