Also known as: acts of omission · omission · failure to act
Written by attorneys · grounded in primary & secondary sources — see below
Conduct consisting of a failure to act when a legal duty requires action.
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Arthur Abrams, a parent, watches his child drown in a shallow pool without attempting rescue despite a clear ability to intervene. Prosecutors charge Abrams as a principal in the first degree because his failure to act satisfies the elements of the offense under the applicable homicide statute.
Ava Adebayo files a complaint without any attorney signature. The opposing party moves to strike. The court strikes the document because the omission of the required signature was not promptly corrected after notice.
Adrian Aguilar remains seated during a required evacuation drill because a sudden medical episode renders movement impossible. Prosecutors decline charges because the omission does not constitute a voluntary act under the penal code.
Aaron Adams and Ariana Azizi sign a deed that mistakenly omits a parcel both intended to convey. Adams later seeks reformation. The court grants relief because Adams's failure to discover the error does not amount to bad faith.
Apollo Energy, the general partner of a limited partnership, fails to inspect leased equipment as required by industry standards. A third party is injured. The limited partnership is held liable for the resulting damages caused by the general partner's omission.
Argonaut Shipping's managing partner neglects to maintain required safety records during ordinary operations. A regulatory fine results. The partnership is liable for the penalty because the omission occurred in the ordinary course of business.
An omission creates criminal liability only when the law defining the offense expressly makes the omission sufficient or a duty to act is imposed by statute, contract, or other legal relationship.
Supporting sources
A party's failure to act can manifest assent when the party intends the omission and knows or has reason to know the other side will reasonably infer agreement from the silence or inaction.
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A partnership is liable for loss caused by a partner's wrongful omission when the partner acts in the ordinary course of business or with actual or apparent authority.
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…Michael nor Sylvia clearly stated that Lee had a weapon in hand from which Michael was simply defending himself. And it is this omission by both that interlocks the statements and makes Sylvia's statement reliable." 147 Wash. 2d, at 438-439, 54 P. 3d, at 664 (internal quotation marks omitted).[^maj-1] We granted certiorari…