Not only must there usually be an agreement between two or more parties, but there is also an additional requirement that a sufficiency of evidence exists to establish, on balance, that the act or omission complained of was deliberate and not merely negligent or inadvertent.
The further charge alleges that the accused, by an act or omission, caused the animals unnecessary suffering by failing to provide treatment for lameness and liver fluke.
Ferguson admitted that "by an act or omission" he caused the beasts unnecessary suffering by failing to provide treatment for lameness and liver fluke.