CASUS OMISSUS
\kˈɑːʒuːz ə͡ʊmˈɪsəs], \kˈɑːʒuːz əʊmˈɪsəs], \k_ˈɑː_ʒ_uː_z əʊ_m_ˈɪ_s_ə_s]\
Sort: Oldest first
-
When a statute or an instrument of writing undertakes to foresee and to provide for certain contingencies, and through mistake, or some other cause, a case remains to be provided for, it is said to be a casus omissus.For example, when a statute provides for the descent of intestates estates, and omits a case, the estate descends as it did before the statute, whenever that, case occurs, although it appear to be within the general scope and intent of the statute. 2 Binn. R. 279.
-
When there has been a casus omissus in a statute, the subject is ruled by the common law: casus omissuset oblivioni datus dispositioni juris communis relinquitur. 5 Co. 38. Vide Dig. 38, 1, 44 and 55 Id. 38, 2, 10; Code, 6, 52, 21 and 30.
By John Bouvier
Word of the day
Dopamine Acetyltransferase
- An enzyme that catalyzes the of groups from acetyl-CoA to arylamines. They have wide specificity for aromatic amines, particularly serotonin, and can also catalyze acetyl transfer between arylamines without CoA. EC 2.3.1.5.