communis error facit jus
Defined in 3 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916)
Definitions from Case Law
From 59 U.S. 595 - William Pease v. John Peck Surviving Partner of the Firm of Peck and Walton · 1855Most cited · 89 citing opinions
The maxim communis error facit jus, though said to be dangerous in its application, 'because it sets up a misconception of the law, for destruction of the law,' might here find a safe and proper application, and make it one of the 'some cases' in which it is said the law so favors the public good, that it will permit a common error to pass for right.
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
A common error makes law. What was at first illegal, being repeated many times, is presumed to have acquired the force of usage; and then it would be wrong to depart from it. Hilliard, Real Prop. 268; 1 Ld. Raym. 42; 6 Clark & F. 172; 3 Maule & S. 396; 4 N. H. 458; 2 Mass. 357. The converse of this maxim is communis error nan facit jus, a common error does not make law. Coke, 4th Inst. 242; 3 Term R. 725; 6 Term R. 564.
Ballentine's Law Dictionary
James A. Ballentine · 1916