Show Summary Details
- Title Pages
- Career Outline of Alan Ferguson Rodger, 1944–2011
- Preface
- Table of Cases
- Table of Legislation
- Table of Ancient Sources
- List of Abbreviations
- List of Contributors
- 1 Alan Ferguson Rodger: A Tribute Given at the Memorial Service Held in St Giles’ Cathedral, Edinburgh on 25 November 2011
- 2 Alan Ferguson Rodger: A Tribute Given at the Memorial Service Held in St Giles’ Cathedral, Edinburgh on 25 November 2011<sup>1</sup>
- 3 Alan Ferguson Rodger: A Tribute Given at the Memorial Service Held in the University Church of St Mary the Virgin, Oxford on 11 February 2012
- 4 Lord Rodger: An Italian Tribute
- 5 Dissenting Judgments
- 6 Some Reflections on Lord Rodger’s Contribution to the Development of the Common Law
- 7 Lord Rodger’s Mental Health Law
- 8 <i>Fairchild</i> and After
- 9 Lord Rodger’s Notebooks
- 10 Foreign Laws and Languages
- 11 The View from Behind the Bench: The Role of Judicial Assistants in the UK Supreme Court
- 12 ‘Strasbourg Has Spoken’
- 13 The Form and Language of Lord Rodger’s Judgments
- 14 Lord Rodger and Statute Law
- 15 ‘<i>Fama</i>’ and ‘<i>infamia</i>’ in the Roman Legal System: The Cases of Afrania and Lucretia
- 16 Damaging a Slave
- 17 The Dating of the <i>lex Aquilia</i>
- 18 Lenel’s <i>Palingenesia</i>: Two Footnotes to Rodger
- 19 ‘Grappling with the Difficult Subjects with which the Roman Lawyers Liked to Grapple’
- 20 Agree to Disagree: Local Jurisdiction in the <i>lex Irnitana</i>
- 21 Lawmaking in Times of Disorder
- 22 Borrowed Plumes and Robbed Freedmen: Some Aspects of Plagiarism in Roman Antiquity
- 23 Pits and Pruners: <i>Culpa</i> and Social Practice in Digest 9.2
- 24 An Inheritance Lost and a Fraudulent Slave
- 25 Lenel and Daube: A Cross-Channel Friendship
- 26 Some Thoughts on the <i>formulae ficticiae</i> of Citizenship in Gaius 4.37: A Form of Reception?
- 27 Jurisdiction in Urso
- 28 ‘Unworthiness’ in the Roman Law of Succession
- 29 Words and Concepts: Trust and Patrimony
- 30 Freeing from Slavery in Eighteenth-Century Scotland
- 31 Lawyer for All Time
- 32 Lord Rodger and the Criminal Law
- 33 The Enrichment Claim of the <i>Mala Fide</i> Improver of Another’s Property
- 34 Thinking About Some Scots Law: Lord Rodger and Unjustified Enrichment
- 35 Communis error facit ius
- 36 Objectivity and Subjectivity in Contract Interpretation
- 37 Ae Fond Kiss: A Private Matter?
- 38 Embalmed in Rettie: The City of Glasgow Bank and the Liability of Trustees
- 39 Some Thoughts on the Nature of Liability for Negligence in Scots Law
- 40 Legal Academics: Forgotten Players or Interlopers?
- 41 Common Law Retrospectivity
- 42 Faith, Trust, and Charity
- 43 <i>Al-Skeini</i> and the Extra-Territorial Application of the European Convention on Human Rights
- 44 Trees and Neighbours
- 45 Performance of an Obligation by a Third Party
- 46 The Courts, the Church, and the Constitution Revisited
- 47 Legislating in Vain
- Bibliography of Works by Alan Rodger
- Index
Communis error facit ius
Communis error facit ius
- Chapter:
- (p.446) (p.447) 35 Communis error facit ius
- Source:
- Judge and Jurist
- Author(s):
William M Gordon
- Publisher:
- Oxford University Press
DOI:10.1093/acprof:oso/9780199677344.003.0035
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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- Title Pages
- Career Outline of Alan Ferguson Rodger, 1944–2011
- Preface
- Table of Cases
- Table of Legislation
- Table of Ancient Sources
- List of Abbreviations
- List of Contributors
- 1 Alan Ferguson Rodger: A Tribute Given at the Memorial Service Held in St Giles’ Cathedral, Edinburgh on 25 November 2011
- 2 Alan Ferguson Rodger: A Tribute Given at the Memorial Service Held in St Giles’ Cathedral, Edinburgh on 25 November 2011<sup>1</sup>
- 3 Alan Ferguson Rodger: A Tribute Given at the Memorial Service Held in the University Church of St Mary the Virgin, Oxford on 11 February 2012
- 4 Lord Rodger: An Italian Tribute
- 5 Dissenting Judgments
- 6 Some Reflections on Lord Rodger’s Contribution to the Development of the Common Law
- 7 Lord Rodger’s Mental Health Law
- 8 <i>Fairchild</i> and After
- 9 Lord Rodger’s Notebooks
- 10 Foreign Laws and Languages
- 11 The View from Behind the Bench: The Role of Judicial Assistants in the UK Supreme Court
- 12 ‘Strasbourg Has Spoken’
- 13 The Form and Language of Lord Rodger’s Judgments
- 14 Lord Rodger and Statute Law
- 15 ‘<i>Fama</i>’ and ‘<i>infamia</i>’ in the Roman Legal System: The Cases of Afrania and Lucretia
- 16 Damaging a Slave
- 17 The Dating of the <i>lex Aquilia</i>
- 18 Lenel’s <i>Palingenesia</i>: Two Footnotes to Rodger
- 19 ‘Grappling with the Difficult Subjects with which the Roman Lawyers Liked to Grapple’
- 20 Agree to Disagree: Local Jurisdiction in the <i>lex Irnitana</i>
- 21 Lawmaking in Times of Disorder
- 22 Borrowed Plumes and Robbed Freedmen: Some Aspects of Plagiarism in Roman Antiquity
- 23 Pits and Pruners: <i>Culpa</i> and Social Practice in Digest 9.2
- 24 An Inheritance Lost and a Fraudulent Slave
- 25 Lenel and Daube: A Cross-Channel Friendship
- 26 Some Thoughts on the <i>formulae ficticiae</i> of Citizenship in Gaius 4.37: A Form of Reception?
- 27 Jurisdiction in Urso
- 28 ‘Unworthiness’ in the Roman Law of Succession
- 29 Words and Concepts: Trust and Patrimony
- 30 Freeing from Slavery in Eighteenth-Century Scotland
- 31 Lawyer for All Time
- 32 Lord Rodger and the Criminal Law
- 33 The Enrichment Claim of the <i>Mala Fide</i> Improver of Another’s Property
- 34 Thinking About Some Scots Law: Lord Rodger and Unjustified Enrichment
- 35 Communis error facit ius
- 36 Objectivity and Subjectivity in Contract Interpretation
- 37 Ae Fond Kiss: A Private Matter?
- 38 Embalmed in Rettie: The City of Glasgow Bank and the Liability of Trustees
- 39 Some Thoughts on the Nature of Liability for Negligence in Scots Law
- 40 Legal Academics: Forgotten Players or Interlopers?
- 41 Common Law Retrospectivity
- 42 Faith, Trust, and Charity
- 43 <i>Al-Skeini</i> and the Extra-Territorial Application of the European Convention on Human Rights
- 44 Trees and Neighbours
- 45 Performance of an Obligation by a Third Party
- 46 The Courts, the Church, and the Constitution Revisited
- 47 Legislating in Vain
- Bibliography of Works by Alan Rodger
- Index
