Legal Definitions - legal fiction

A legal fiction is a concept where the law, often through a court's reasoning, treats something as true or as having happened, even if it is not literally or factually so. This is done to achieve a specific legal outcome, allowing existing laws or rules to be applied in a practical, fair, or consistent manner without formally changing the written law itself. It's a pragmatic tool used to bridge gaps, adapt legal principles to new situations, or ensure justice.

Here are some examples:

• Corporate Personhood: In many legal systems, a corporation is treated as a "person" for certain legal purposes. This means a company can enter into contracts, own property, sue, and be sued, much like an individual. However, a corporation is not a biological human being; it's an artificial entity created by law.

  How it illustrates the term: The legal system makes the assumption that a corporation is a "person" even though it's not factually true. This legal fiction allows a consistent set of laws (like contract law, property law, and tort law) to apply to business entities, providing a clear framework for their operations and accountability without needing to create entirely separate legal codes for non-human entities.

• The "Lost Grant" in Property Law: In some historical property disputes, particularly concerning easements (the right to use another's land for a specific purpose, like a pathway), if someone had openly and continuously used a piece of land for a very long period without objection, a court might presume that an original grant or permission for that use was given at some point, but the document proving it was simply lost over time.

  How it illustrates the term: In reality, there might never have been an actual written grant or permission. The court creates the legal fiction of a "lost grant" to legitimize the long-standing use and prevent disruption, thereby ensuring stability and fairness in property rights. It's an assumption of a past event that likely didn't occur, used to apply current legal principles of prescription or adverse possession.