Casus Omissus: An Analysis

Abstract

The current paper deals with casus omissus rule in context of the English law. In the first segment the basics of interpretation (with reference to Indian, English and Australian cases) have been discussed. In the next segment the rule of casus omissus has been explained in brief along with a timeline regarding the treatment of this rule by the English judicial system. In the subsequent section the decision of the House of Lords in Inco Europe v. First Choice Distribution ([2000] 2 All ER 109) has been discussed. In the final chapter, the relevance of the casus omissus rule has been expounded (in brief) with the assistance of Indian case-laws.

Keywords: Casus Omissus, Inco Europe v. First Choice Distribution, interpretation of statutes, Lord Denning