Synopses & Reviews
Previous works on Southern African law have been directed primarily to lawyers and students of law within Southern Africa; this is the first major text on the topic written for use in common law countries. The book identifies and describes judgments in Southern Africa courts that are significant for their treatment of conflicts and tort issues and can serve as authorities or models in common law jurisdictions. The most important legislative reforms in related subjects are also described. The text provides lawyers in common law countries access to the Southern African cases and statutes most pertinent to questions of conflict of laws and torts that arise in common law jurisdiction.
The judgments surveyed span the years 1947 to the present. Most are from South Africa and Zimbabwe (before and after independence), Botswana, Lesotho, Swaziland, and South West Africa/Namibia; the South African national states are also represented. Helpful English-language commentaries on cases and statutes discussed in the text are cited in the notes. Quick reference tables of cases and statutes, and indexes of principal works cited and abbrevations complete this useful guide. This invaluable sourcebook will allow lawyers and scholars in common law countries to benefit from recognition and appropriate use of Southern Africa's contributions to the common law in torts and conflict of laws.
Review
. . .Essentially what is offered here is a treatise on the law of Conflicts of Law and Tort (Delict) in these nations as viewed from a comparative perspective. The book is well written and indedex and provides a useful overview of the subjects with as much detail as could be desired by anyone other than a legal practitioner in the countries in question. The volume will be useful for several purposes. For the comparative law scholar it makes readily accessible a wide range of cases that would otherwise likely be overlooked. For the subject matter specialist it offers a new and useful perspective and a ranger of different approaches and fact situations that may encourage further analysis of the specialists own national law. The volume is one that is appropriate for most academic law libraries and will be of interest to the scholars described above.Law Books in Review
Synopsis
This is the first major text on the topic of Southern African Law written for use in common law countries. The book identifies judgments in Southern African courts that are significant for their treatment of conflicts and tort issues and can serve as authorities or models in common law jurisdictions. The most important legislative reforms in related subjects are also described. This text provides lawyers in common law countries access to the Southern African cases and statutes most pertinent to questions of conflict laws and torts that arise in common law jurisdiction.
About the Author
PETER B KUTNER is Professor of Law at the University of Oklahoma.
Table of Contents
Preface
Introduction
Southern African Precedents for the Conflict of Laws
Domicile
Jurisdiction
Recognition of Foreign Money Judgments
Choice of Law
Family Law
Southern African Precedents for the Law of Torts
Negligence
Defences and Apportionment of Damages
Vicarious Liability
Assessment of Damages
Nuisance and Trespass to Land
Misrepresentation
Economic Loss
Passing Off
Unlawful Competition
Defamation
Privacy
Bibliographic Note
Principle Works Cited and Abbreviated
Conflict of Laws Index
Torts Index