It has been sometimes said, communis error facit jus; but I say communis opinio is evidence of what the law is; not where it is an opinion merely floating and theoretical floating in the minds of persons but where it has been made the ground-work and substratum of practice. (Edward Law, 1st Baron Ellenborough)

It has been sometimes said, communis error facit jus; but I say communis opinio is evidence of what the law is; not where it is an opinion merely floating and theoretical floating in the minds of persons but where it has been made the ground-work and substratum of practice.

Edward Law, 1st Baron Ellenborough

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error evidence floating law opinion practice say substratum ground-work jus

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