Act or omission

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Do we really need to say “act or omission” every time? Could you make the argument that, look, it is obvious that there is no difference between a positive act you were not entitled to do, which caused me loss, and your failure to perform an act you were required to do which caused me loss, so that I don't need to say, ad nauseam, act and/or omission as the case may be?

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