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

By Peter B. Kutner | Go to book overview

CONTENTS
PREFACEix
INTRODUCTION1
PART I: SOUTHERN AFRICAN PRECEDENTS FOR THE CONFLICT OF LAWS
1. DOMICILE11
Geographic Unit11
Choice of Law14
Acquisition of Domicile of Choice15
Foreign Servicemen and Officials19
Immigrants Without Permanent Admission23
Children29
2. JURISDICTION31
Submission to Court's Jurisdiction31
Jurisdiction of Situs of Land33
Cases Involving Foreign Land37
3. RECOGNITION OF FOREIGN MONEY JUDGMENTS41
Jurisdiction of Foreign Court41
Natural Justice47
Enforcement of Foreign Revenue Laws54
Reciprocity of Recognition56
Legislation57
4. CHOICE OF LAW61
Proof of Foreign Law61
Damages in Foreign Currency64

-v-

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

Table of contents

  • Title Page iii
  • Contents v
  • Preface ix
  • Introduction 1
  • I - Southern African Precedents for the Conflict of Laws 9
  • 1 - Domicile 11
  • 2 - Jurisdiction 31
  • 3 - Recognition of Foreign Money Judgments 41
  • 4 - Choice of Law 61
  • 5 - Family Law 111
  • II - Southern African Precedents for the Law of Torts 155
  • 6 - Negligence 157
  • 7 - Defences and Apportionment of Damages 181
  • 8 - Vicarious Liability 209
  • 9 - Assessment of Damages 229
  • 10 - Nuisance and Trespass to Land 251
  • 11 - Misrepresentation 255
  • 12 - Economic Loss 267
  • 13 - Passing Off 283
  • 14 - Unlawful Competition 297
  • 15 - Defamation 307
  • 16 - Privacy 341
  • Bibliographic Note 347
  • Principal Works Cited and Abbreviations 349
  • Table of Statutes 353
  • Table of Cases 355
  • Conflict of Laws Index 365
  • Torts Index 369
  • About the Author 373
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