Legal Definitions - casus omissus

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.