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NeCede's

Maxim 10.8.10

A fiction is a rule of law that assumes something which is or may be false as true.

Source: Hibberd v. Smith, 67 Cal. 547; 4 Pac. 473; Weisman, 45b Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A legal fiction is a rule that deliberately assumes something which is or may be false as true, adopted for the purpose of doing justice — it is a tool, not a truth, and may be used only within its proper limits.

Where this applies

  • The law treats a corporation as a "person" for purposes of suing and being sued — everyone knows a corporation isn't actually a living person, but the fiction allows the legal system to function.
  • A court applies the "mailbox rule" and treats a letter as delivered the moment it's mailed, even though the recipient hasn't received it yet — it's a useful fiction that fixes a clear moment of contract formation.
  • The law assumes that everyone knows the law, even though no one actually does — this fiction prevents people from escaping liability simply by claiming ignorance.

Legal domains

Cite this maxim

NeCede Max. 10.8.10 — A fiction is a rule of law that assumes something which is or may be false as true. — Hibberd v. Smith, 67 Cal. 547; 4 Pac. 473; Weisman, 45b

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