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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.
List of contents
Preface
Introduction
Southern African Precedents for the Conflict of LawsDomicile
Jurisdiction
Recognition of Foreign Money Judgments
Choice of Law
Family Law
Southern African Precedents for the Law of TortsNegligence
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
About the author
PETER B KUTNER is Professor of Law at the University of Oklahoma. He has published articles on torts, conflict of laws, and evidence, and is the author of Advanced Torts Casebook (forthcoming).
