Communis error facit jus
| Literal meaning | Common error makes law |
|---|---|
| Pronunciation | kom-YOO-nis ER-or FAH-kit yoos |
A long-standing and widely shared mistake in understanding or applying the law may become accepted as law. Courts sometimes refuse to disturb a settled practice even if it began as an error.
Example
For many years authorities have treated a rule in a certain way, and thousands of transactions rest on it. A court may refuse to upset the practice.
Exceptions / limits
It does not protect a practice that is plainly illegal or that violates a fundamental right.
Exam tip
Rare; appears in questions on precedent and settled practice.
Memory trick
Everyone does it wrong, so wrong becomes the rule.
Key takeaway
A long, common mistake can acquire the force of law.
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