Search results
The choice of law for delicts Burchell v Anglin 2010 (3) SA 48 (ECG) concerns the choice of law with regard to delicts. In the matter, the plaintiff, a safari operator in the Eastern Cape, alleged that the defendant, a Texan, had made certain defamatory statements in Texas, which were later received by the plaintiff's booking agent in Nebraska, which had in turn ceased to supply the plaintiff ...
Burchell v Anglin 2010 (3) SA 48 (ECG) Name of Applicant : Name of Respondent: : In the Burchell case, the plaintiff, a South African, sued the defendant, an American from the state of Texas, for defamation. The dilemma for the court was deciding which law should apply. The court, speaking through Crouse AJ, delivered the following judgment:
Sep 15, 2021 · PROPER LAW OF DELICT. Burchell v Anglin 2010 3 SA 48 (ECG) “If the matter (of choice of law in delict) is therefore not entirely res nova, it is. plain that it will be open to our courts to ...
The few casesthat were reported did not deal with the matter satisfactorily. The matter is therefore still very much res nova and open to our courts to break new ground. This is exactly why the judgment of Crouse AJ in Burchell v Anglin (2010 3 SA 48 (ECG)) can be regarded asa ground-breaking decision.
- Frans E. Marx
- 2021
Conclusion. It seems that after the decision of Crouse AJ in Burchell v Anglin (supra) that South Africa may now be on its way to a clear choice-of-law rule in delict: the legal system with the ...
View of AT LAST A SOUTH AFRICAN PROPER LAW OF DELICT Burchell v Anglin 2010 3 SA 48 (ECG) Download. This academic peer-reviewed journal is an open access, peer reviewed, journal. It publishes articles on topical legal issues and legal research.
Jan 1, 2010 · Abstract. In Burchell v Anglin 2010 (3) SA 48 (ECG), the court had to decide whether or not to apply foreign law. The facts of the case were as follows. The plaintiff, Barry Burchell, of Burchell Game Reserve, Alicedale, Eastern Cape, ran a game reserve and hunting safari business in South Africa known as 'Frontier Safaris and Burchell Taxidermy'.
