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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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.


Collins Dictionary of Law © W.J. Stewart, 2006
References in periodicals archive ?
Though animated by and indebted to their Darwinian feminist predecessors, the women science fictioneers of this period (1920s-1930s) "generally retained the Darwinian feminist focus on the reorganisation of sexual selection and confirmed the importance of females gaining full control of their bodies" (102), yet deviated from earlier Darwinian feminists in that they "frequently drew inspiration from Mary Shelley's work to dramatize mad male scientists engaging in unethical experiments that negatively impact women ...
Perhaps, given this condition, the writing subject will briefly emerge from the text long enough to shed light on why fictioneered Coetzee would not have written a Ph.D.
Fictioneers give a tumultuous account of his departure from Saragossa.
The tale of the three caskets has attracted mythmakers, fictioneers, folklorists, Shakespeare and Freud.
Suddenly there were gangs of poets in the urban streets, novelists on platforms and fictioneers in halls signing shed-loads of their books.
Four new fictioneers, Wales-based if not yet of entirely Welsh blood, have been packaged and pushed as the rising literary stars.
Bill-toppers were Roddy Doyle, Martin THE INSIDER Peter Finch At the Laugharne Weekend, amongst an exciting and rich mixture of new music (Fionn Regan), cult authorship (Niall Griffiths), revived renegades (The Fall and the Slits) and journos, commentators, musicologists, poets, fictioneers and prize-winners of all sorts, the two languages of Wales banged up against each other as if we were a balanced bilingual nation.
At the Laugharne Weekend there was an exciting and rich mixture of new music (Fionn Regan), cult authorship (Niall Griffiths), revived renegades (The Fall and the Slits), musicologists, poets, fictioneers and prize-winners of all sorts.
Poets were just about okay but fictioneers, definitely not.