Relation back is a fiction of law.

Explanation

The doctrine of relation back — by which a later act is deemed to have taken effect from an earlier date — is a fiction and therefore subject to all the limits of fictions: it must serve equity and may injure no one.

Where this applies

• A later action is being treated as if it happened at an earlier date.
• The doctrine of relation back is being used to give a recent act retroactive effect.
• Relation back is a fiction and must follow all the limits of fictions — serve equity, harm no one.

See also

• 10.8.1 Fiction yields to truth; there is no fiction of law where truth is.
• 10.8.4 In fiction of law, equity always exists.