Search Result for "casus omissus":

The Collaborative International Dictionary of English v.0.48:

Casus \Ca"sus\, n. [L.] An event; an occurrence; an occasion; a combination of circumstances; a case; an act of God. See the Note under Accident. [1913 Webster] Casus belli, an event or combination of events which is a cause war, or may be alleged as a justification of war. Casus fortuitus, an accident against which due prudence could not have provided. See Act of God, under Act. Casus omissus, a case not provided for by the statute. [1913 Webster]
Bouvier's Law Dictionary, Revised 6th Ed (1856):

CASUS OMISSUS. 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.