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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