constructive

Constructive means something is legally declared, even if not technically true in a given case. Lawmakers and judges can decide to make things constructively true so that the intent of the laws cannot be easily thwarted by a loophole or lack of personal responsibility.

• For example, constructive eviction occurs when a landlord does not go through the process of actually evicting a tenant, but instead creates living conditions so poor that a reasonable person would have no choice but to leave the premises. 

If something is constructive, it is treated as if it were true in the eyes of the court.

• A constructive eviction, for example, is treated the same as if a tenant was truly evicted and that tenant is entitled to the same protections and remedies. 

[Last updated in July of 2022 by the Wex Definitions Team]