Common Law in Southern Africa: Conflict of Laws and Torts Precedents

(Hardback)

Publishing Details

Classifications

Physical Properties

Description

The textbook identifies and describes judgements 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. 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 judgements 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. 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 abbreviations complete this guide. This 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.

Reviews

. . .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
." . .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

Author Bio

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).