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Judge and JuristEssays in Memory of Lord Rodger of Earlsferry$
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Andrew Burrows, David Johnston, QC, and Reinhard Zimmermann

Print publication date: 2013

Print ISBN-13: 9780199677344

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199677344.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 April 2021

Communis error facit ius

Communis error facit ius

(p.446) (p.447) 35 Communis error facit ius
Judge and Jurist

William M Gordon

Oxford University Press

This chapter examines the well-known, even notorious case of Royal Bank of Scotland v Wilson, where Lord Rodger gave the leading opinion. The decision caused consternation among the holders of standard securities seeking to enter into possession and exercise their right of sale. The chapter also discusses the origin and scope of the maxim communis error facit ius; and the RBS v Wilson case.

Keywords:   Alan Rodger, Royal Bank of Scotland v Wilson, standard securities, RBS v Wilson

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