Legal Definitions - omittance

Omittance is an archaic legal term that is no longer commonly used. It refers to an "omission," which in a legal context means a failure to act or include something, especially when there was a duty or requirement to do so.

Omittance is an archaic term. In modern legal language, the correct and commonly used term is omission.

An omission refers to a failure to act when there was a duty or expectation to do so, or a failure to include something that should have been present. It is the absence of an action or information that was required or anticipated, often with legal or ethical consequences.

• Example 1: Medical Disclosure

  A doctor performs a medical procedure but fails to inform the patient about a significant, well-known risk associated with that procedure, even though medical ethics and standard practice require such disclosure before obtaining informed consent.

  Explanation: The doctor's omission was the failure to provide crucial information that the patient had a right to know, which could impact the patient's ability to make an informed decision about their treatment.

• Example 2: Contractual Disclosure

  During the sale of a house, the seller is aware of a severe, recurring mold problem in the basement that significantly diminishes the property's value and poses health risks. However, the seller deliberately fails to disclose this defect to the buyer, despite a legal duty to reveal known material defects.

  Explanation: The seller's omission of the known mold problem constitutes a failure to disclose material information that would have influenced the buyer's decision and the property's valuation, potentially leading to a claim of misrepresentation or fraud.

• Example 3: Financial Reporting

  A company's chief financial officer (CFO) prepares the quarterly earnings report but intentionally leaves out a substantial debt obligation that the company recently incurred, making the company's financial health appear stronger to investors than it actually is.

  Explanation: The CFO's omission of the significant debt from the financial report is a failure to include essential information, which could mislead investors and stakeholders about the company's true financial standing and potentially violate securities laws.