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NeCede's

Maxim 10.8.5

A fiction of law is wrongful if it works loss or injury to anyone.

Fictio legis inique operatur alicui damnum vel injuriam.

Source: 2 Co. 35; Broom, Max. 122; Weisman, 45g Difficulty 2/5 — Approachable

Explanation

This is the negative corollary of the rule that fiction injures no one: where a fiction does in fact produce damage, it stands condemned by its own excess and will not be sustained.

Where this applies

  • The legal fiction is causing actual harm to someone — it should be struck down.
  • A fiction that produces real damage has exceeded its lawful purpose.
  • Any fiction that works loss or injury is wrongful and won't be sustained.

Legal domains

See also

Cite this maxim

NeCede Max. 10.8.5 — A fiction of law is wrongful if it works loss or injury to anyone. — 2 Co. 35; Broom, Max. 122; Weisman, 45g (Fictio legis inique operatur alicui damnum vel injuriam.)

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