What is COMMUNIS ERROR FACIT JUS? Definition of COMMUNIS ERROR FACIT JUS in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.
Common error makes law. 4 Inst. 240; Noy, Max. p. 37, max. 27. Common error goeth for a law. Finch, Law, b. 1, c. 3, no. 54. Common error sometimes passes current as law. Broom, Max. 139,440.
What was at first illegal is presumed, when repeated many times, to have acquired the force of usage; and then it would be wrong to depart from it. 1 Ld.Raym. 42; 6 Cl. & F. 172; 3 M. & S. 396; Goodman v. Eastman, 4 N.H. 458; Kent v. Kent, 2 Mass. 357; Davey v. Turner, 1 Da11. 13, 1 L.Ed. 15. The converse of this maxim is communis error non tacit jus. A common error does not make law. 4 Inst. 242; 3 Term 725; 6 Term 564.
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