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common error.Copyright. A mistake found both in a copyrighted work and in an allegedly infringing work, the mistake being persuasive evidence of unauthorized copying. [Cases: Copyrights and Intellectual Property  83(3.1).] [Blacks Law 8th]

commoner. 1.BrE. An ordinary citizen; one not a peer. 2.Archaic. A member of the House of Commons. 3.Archaic. A common lawyer. 4.Archaic. A person having a right of common — that is, a right to pasture on a lord’s land. 5. A person who shares a right in common. [Blacks Law 8th]

common enterprise.See JOINT ENTERPRISE. [Blacks Law 8th]

common-enemy doctrine.Property. The rule that a landowner may repel surface waters as necessary (as during a flood), without having to consider the consequences to other landowners. • The doctrine takes its name from the idea that the floodwater is every landowner’s common enemy. [Cases: Waters and Water Courses  116–119. C.J.S. Waters §§ 255, 259–264, 277–279.] [Blacks Law 8th]

common-disaster clause.A provision in a dispositive instrument, such as an insurance policy or a will, that seeks to cover the situation in which the transferor and transferee die in a common disaster. [Cases: Insurance  3485; Wills  543. C.J.S. Insurance § 1428; Wills § 1034.] [Blacks Law 8th]

common disaster.An event that causes two or more persons with related property interests (such as an insured and the beneficiary) to die at very nearly the same time, with no way of determining       who      died      first.     See UNIFORM        SIMULTANEOUS   DEATH ACT COMMORIENTES. [Cases: Death  5; Insurance  3485. C.J.S. Death…

common duty of care.A landowner’s obligation to take reasonable care under the circumstances to see that a lawful visitor will be reasonably safe in using the premises for the purposes for which the visitor is permitted to be there. [Blacks Law 8th]

common-defeasance bond.See penal bond under BOND(2). [Blacks Law 8th]

common debtor.See DEBTOR. [Blacks Law 8th]

common day.See DAY. [Blacks Law 8th]