Legal Fictions |
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Page 77
... express or implied declaration of will gives his decision , on apparent factual basis . Thereby he safeguards his judgment against appeal , but masks the fact that he is busy creating or reforming the law . Even now there are many ...
... express or implied declaration of will gives his decision , on apparent factual basis . Thereby he safeguards his judgment against appeal , but masks the fact that he is busy creating or reforming the law . Even now there are many ...
Page 83
... express or implied authority . No employer will be allowed to say that he did not authorise the act complained of or even that it was done against his express injunction , for he is none the less liable . Historically this is a ...
... express or implied authority . No employer will be allowed to say that he did not authorise the act complained of or even that it was done against his express injunction , for he is none the less liable . Historically this is a ...
Page 87
... express terms on every conceivable point . But having provided texts for such cases as had arisen before or in their time , they left others to be determined either with reference to certain general principles laid down by them in clear ...
... express terms on every conceivable point . But having provided texts for such cases as had arisen before or in their time , they left others to be determined either with reference to certain general principles laid down by them in clear ...
Contents
Introduction | 1 |
Alienation | 28 |
Equity and Legal fictions | 34 |
Copyright | |
11 other sections not shown
Common terms and phrases
according action actual adoption allowed analogy applied assumed assumption authority become called child civil civil death common law conceal conclusive constructive contract corporation courts created death decision deemed defendant doctrine effect employed enactments England English entities equity established example existing express extended fact false fictitious function give Hindu law historical husband implied important Indian instance intention interpretation introduced judge judicial Jurisprudence juristic justice lawyers legal concepts legal fictions legal person legal rule legal system legislation limited Lord matter means nature needs object obligations observed offences operation original parties possession practical presumption principle reality reason recognised reference regarded relation remarks represent result Roman law rule situation Smritis social society statute theory things thought tion tort treated true trust truth unjust enrichment wife writers Yajnavalkya