fiction

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Fiction

An assumption made by a court and embodied in various legal doctrines that a fact or concept is true when in actuality it is not true, or when it is likely to be equally false and true.

A legal fiction is created for the purpose of promoting the ends of justice. A common-law action, for example, allowed a father to bring suit against his daughter's seducer, based on the legal fiction of the loss of her services. Similarly, the law of torts encompasses the legal fiction of the rule of Vicarious Liability, which renders an employer responsible for the civil wrongs of his or her employees that are committed during their course of employment. Even though the employer generally is uninvolved in the actual act constituting the tort, the law holds the employer responsible since, through a legal fiction, he or she is deemed to be in direct control of the employee's actions. A seller of real estate might, for example, be liable in an action for Fraud committed by his or her agent in the course of a sale.

fiction

see LEGAL FICTION.
References in periodicals archive ?
His research has attempted to contribute to conversations about mainly three areas of narrative theory: first person narration; unnatural narratology; and fictionality. Sample publications in English include "The Impersonal Voice in First-Person Narrative Fiction" Narrative (2004), A Poetics of Unnatural Narrative, co-edited with Jan Alber and Brian Richardson, (Ohio State University Press, 2013), and "Ten Theses about Fictionality" with James Phelan and Richard Walsh (in Narrative January 2015).
(24) As Catherine Gallagher comments, Fielding "proclaim[s] the greater humanity and ambition of this new form; it can refer to a whole class of people in general (as well as in private) because its proper names do not refer to persons in particular" ("The Rise of Fictionality," 342).
Because Michelle's character is both extra- and intradiegetic, she makes visible the complexity of the connections between the diegesis levels in the novel, thus highlighting the text's fictionality as well as creating a feeling of the uncanny.
Although further study would surely be necessary before reaching such a broad conclusion, (32) the care with which the author of Guillaume de Palerne uses the symbolic stag in order to construct an individual poetics of fictionality provides valuable insight into the literary world of the day.
relationship of fictionality relational language to (with affinity (with affinity reality (with to certain to essentialist affinity to deviations from categories) certain forms norm) of expression) II mode of reception type of foregoing defined by category lyric and epic ("willing suspension (neglectable for all poetry, etc.
This crisis of fictionality is the major focal-point of Gorilla Baths at Noon, coupled to Fukuyama's claim that the end of the Cold War exposed what he calls the end of history.
Through targeted disnarration, the novel's fictionality is made more overt, more palpable, and more affectively potent for the reader.
Although the speaker of the sonnets is viewed as distinct from the historical person of the writer, this acknowledgement of fictionality does not equate to an acknowledgement that the sequences are either integral or narrative works, nor is having a fictional speaker taken to mean that the genre will function as a work of fiction.
By foregrounding its own fictionality, allegory emphasizes the gulf between spiritual truth and its material expressions.
In an attempt to shift the focus away from the factuality or fictionality of the "author" (viz., Judas/Herman the Jew) and toward the actual historical circumstances that gave rise to the Opusculum, S.
The appearance of verisimilitude, however, had the adverse effect of heightening the fictionality of historical adaptations.
The question that Carpenter wants to tackle is not whether this is a "legitimate" work of history; he wants to argue that its legitimacy derives precisely from its illegitimacy, its reality from its fictionality.