Legal Fictions |
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Page 39
... false because it is hardly possible in a judicial process to assert that any one thing is conclusive proof of the ... false assump- tion is maintained notwithstanding knowledge of its falsity . ( b ) While the false assumption is self ...
... false because it is hardly possible in a judicial process to assert that any one thing is conclusive proof of the ... false assump- tion is maintained notwithstanding knowledge of its falsity . ( b ) While the false assumption is self ...
Page 40
... false and not otherwise . But Fuller is of the opinion that whether the assumed fact is known to be true or untrue , a con- clusive presumption is a fiction . ( e ) In presumptions there is no deliberate false assumptions and the legal ...
... false and not otherwise . But Fuller is of the opinion that whether the assumed fact is known to be true or untrue , a con- clusive presumption is a fiction . ( e ) In presumptions there is no deliberate false assumptions and the legal ...
Page 46
... false assumption and therefore are members of the fiction family . It is here we have to notice that the view that all legal concepts are legal fictions is very wide . There are many legal concepts like legal ownership , legal ...
... false assumption and therefore are members of the fiction family . It is here we have to notice that the view that all legal concepts are legal fictions is very wide . There are many legal concepts like legal ownership , legal ...
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