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Jan 1, 2011 · The laws of defamation all over the world share a common denominator - the balancing of two basic human rights: the right to freedom of expression and the right to reputation. In spite of this common objective, the laws pertaining to defamation often differ substantially from country to country and courts are often reluctant to apply legal ...
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:
Jun 19, 2010 · The recent decision of the Eastern Cape High Court in Grahamstown (South Africa) in Burchell v Anglin 2010 3 SA 48 (ECG) deals with cross-border defamation in a commercial context. The plaintiff (who runs a game reserve and a hunting safari business in the vicinity of Grahamstown) alleged that the defendant made defamatory statements about him to a booking agent in Sydney, Nebraska (USA).
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 ...
The typical example is illustrated in the American case of Babcock v Jackson (191 NE 2d 279 (1963)), where a car, registered and insured in New York with driver and passengers resident in New York, left the road in Ontario during an over-the-border drive with resultant injury to one of the passengers. In this scenario the place where the delict occurred is clearly Ontario but this single fact ...
- Frans E. Marx
- 2021
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'.
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 adopt any particular rule ...
