1
Law::
(fiqh) conflict between fiction and presumptive or circumstantial evidence (a typical example being the loss of a piece of trust property in the custody of a trustee where the depositor demands damages or compensation for that property and the trustee disclaiming liability on the ground of the loss having occurred not as the result of his negligence or wrongful act or misuse. Theoretically, in all such cases, the principle of the trustee having been liable for negligence holds true for and in favor of the depositor. On the other hand, however, the consensus is that a trustee is a person to whom something is entrusted after the depositor has had assured reliance on his character, ability and capacity as the result of the depositor’s own knowledge of and previous experience with him, and that as such a trustee of that description cannot be held responsible for the loss of or damage to property in his trust. In canonical practice, in such cases ‘fiction’ is sometimes given preference over ‘circumstantial evidence’, and at other times the latter is given a heavier legal weight over the former)
فرهنگ تشریحی - کاربردی حقوق تالیف هرمز رشدیه