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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 ?
These two phenomena together go a long way toward explaining the trouble that European fictionists all at once found with the family from 1879 forward--especially inasmuch as their grievances against it took shape fictionally, which is to say imaginatively rather than logically, or more in the way of dreams than of arguments.
Yet, you still need some kind of schizophrenia, some kind of madness, especially if you are a fictionist or a portraitist or a journalist.
Are we to know of NVM Gonzalez, Francisco Arcellana, Nick Joaquin, or Sionil Jose, to name some of the famous Filipino fictionists, only through their English writings.
Teresita, Cagayan, both award-winning fictionists from the sister publication of The Manila Bulletin.
Television can give us the news, innovative fictionists argue; novels and short stories can better express our response to the news.
We had a screenwriter (Nigel Santos); two playwrights (Gil Nambatac and Manuel Tinio); four essayists (Kristine Estioko, Ria Valdez, Bayani Gabriel and Riddick Recoter); four fictionists (Yan Baltazar, Pat Onte, Keanu Reyes and Karl 'Kid' Orit); and four poets (Edmark Tan, Hans Malgapu, Soc delos Reyes and this writer).
Eng Ejaz Khan Yousafzai said that Ajmal Khattak was a multi-faceted personality encompassing several qualities of a poet, fictionists, playwright, politician and a journalist.
A groundbreaking book that features new, original narratives written in eight languages by poets, fictionists, journalists, academicians, and an erotic artist accompanied with images by veteran photographer Jose Enrique Soriano.
This led him to shed light on a number of modern-day Urdu fictionists whose works needed special attention and acknowledgment.
Lucie Tambuatco, the editor's name, didn't ring a bell, but the fictionists whose stories appeared in the Christmas issue, did: Kerima Tuvera-Polotan, Nita Umali-Berthelsen, and Celso Carunungan, whose gender and story about snow seemed out of place in a woman's magazine for the tropics.
Edited by award-winning fictionists Dean Francis Alfar and Angelo R.
The very best of fictionists can take the most ordinary of events and turn them into memorable, meaningful passages.