Maxim 10.8.3
A fiction of law injures no one.
Fictio legis neminem laedit.
Source: 3 Co. 36; 3 Bl. Comm. 43; Broom, Max. 127; Weisman, 45c
Difficulty 2/5 — Approachable
Explanation
A fiction is adopted only for equitable ends; the moment it produces harm or injustice, it ceases to be legitimate and must be abandoned.
Where this applies
- A legal fiction is being used in a way that actually harms someone.
- The fiction was supposed to help but it's producing injustice instead.
- If a legal fiction injures someone, it's no longer legitimate.
Legal domains
See also
Cite this maxim
NeCede Max. 10.8.3 — A fiction of law injures no one. — 3 Co. 36; 3 Bl. Comm. 43; Broom, Max. 127; Weisman, 45c (Fictio legis neminem laedit.)
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