The meaning of this legal maxim is common error sometimes passes current as law.


In other words, it means- the law which enhances public welfare, sometimes permits a common error to pass through. The maxim is to be applied with great care and caution. It has been sometimes saying “communis error facit jus“, but I say “communis opinio” is evidence of what the law is -nowhere it is an opinion merely speculative and theoretical, floating in the minds of the person.

The principle of communis error facit jus is not an absolute norm, Therefore, lord Denman expressed caution in O. Connell v. R., that law should not be taken for granted.

This legal maxim is applicable where a judicial pronouncement was originally wrong or was founded on a misconception of law that is standing and the court of law declined to correct such misconception.