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Understanding Omissio Eorum Quae Tacite Insunt Nihil Operatur in Law
Definition & meaning
The phrase "omissio eorum quae tacite insunt nihil operatur" translates to the idea that the omission of things that are silently implied does not carry any legal consequences. In simpler terms, if something is understood or implied without being explicitly stated, its absence is not significant in legal contexts. This concept is often applied in various legal scenarios where certain assumptions are made based on common understanding or established practices.
Table of content
Legal use & context
This legal maxim is primarily used in contract law and civil litigation. It underscores the importance of implied terms and understandings in agreements. For example, when parties enter into a contract, certain conditions may be assumed even if they are not explicitly mentioned. Understanding this principle can help individuals navigate legal documents more effectively, especially when using legal templates from resources like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, in a rental agreement, it may be implied that the landlord is responsible for maintaining common areas, even if this is not explicitly mentioned in the contract. (Hypothetical example.)
Comparison with related terms
Term
Definition
Difference
Implied Contract
A contract formed by actions or circumstances rather than written or spoken words.
Focuses on actions rather than omissions.
Express Terms
Clearly stated terms in a contract.
Contrasts with implied terms, which are not explicitly stated.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where this term may apply, consider reviewing your contracts carefully to identify any implied terms. If needed, you can use legal templates from US Legal Forms to ensure your documents reflect your intentions accurately. If the matter is complex or involves significant stakes, consulting a legal professional is advisable.
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