Legal Specs

Definition 1

An omitted case.

2. 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.

3. 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.