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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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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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