Legal Fictions |
From inside the book
Results 1-3 of 23
Page 41
... tion . Take the case of Ellis v . Johnstone . The question was are dogs to be treated in the same way as horses and cattle under the principles exempt- ing animal owners from liability for collision between animal and vehicle in a ...
... tion . Take the case of Ellis v . Johnstone . The question was are dogs to be treated in the same way as horses and cattle under the principles exempt- ing animal owners from liability for collision between animal and vehicle in a ...
Page 48
... tion . In theory , dogmas and axioms are sacrosanct and are apparently kept intact ; in practice , however , with the help of legal fictions there is the casuistic extension of the positive law by formally keeping intact the end ...
... tion . In theory , dogmas and axioms are sacrosanct and are apparently kept intact ; in practice , however , with the help of legal fictions there is the casuistic extension of the positive law by formally keeping intact the end ...
Page 76
... tion operates by altering the factual situation with a view to fit a legal rule , which of course cannot be forcibly changed . The obvious example is where an implied intention is imputed to a party in respect of a transac- tion . It ...
... tion operates by altering the factual situation with a view to fit a legal rule , which of course cannot be forcibly changed . The obvious example is where an implied intention is imputed to a party in respect of a transac- tion . It ...
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