The law creates a fiction where equity subsists.

Explanation

Legal fictions are permitted only to serve the ends of equity and justice — the law feigns what it must in order to produce a just result, but never to produce an unjust one.

Where this applies

• A court treats something as true that is technically false, in order to reach a just result.
• A legal fiction is created to prevent an unjust outcome.

See also

• 1.4.1 Equity is a certain perfect reason which interprets and amends the written law, comprehended in no writing, but consisting in right reason alone.
• 10.8.1 Fiction yields to truth; there is no fiction of law where truth is.