The cloak under which this policy determination was made was the concept of "directness" of causation: a defender was liable for all injuries, to all persons, which were not too remote from his culpable actings ; and injury was not too remote if the culpable act was its direct cause ;3. 4 and it was for the court to say in each case whether or not the defender' s culpa was the direct cause of the pursuer's injury.
The Sherman Antitrust Law was enacted in 1890. In contrast with the South Mriean Regulation of Monopolistic Conditions Act 24 of 1955 which runs to about 13 pages, or the English Fair Trading Act, 1973, which, with schedules, is some 134 pages long, the Sherman Act, disregarding a later amendment which has since been repealed, can be reproduced in a little more than a page.
A comparison on an historical basis of the classification of things in New South Wales and in South Africa can begin only in 1788. This is because Roman-Dutch law (the law of Holland) became available to South Africa in 1652, but English law did not become available to New South Wales until 136 years later, when the British established a penal settlement at Sydney Cove.
Customary laws were modified in the interests of European concepts of morality and the fact that contact between divergent cultures necessitated adaptation. This strange mixture has as yet not properly blended and to tlus day gives rise to legal conflicts. This is strikingly illustrated by the way in which the grounds for divorce as laid down in the Code differ from the customary reasons for terminating a customary marriage. The article is an attempt to evaluate these conflicting grounds of divorce as they manifest themselves in practice today.
South Africa's request for Transkeian participation in trade arrangements could hardly be ignored by Botswana, Lesotho and Swaziland. On the other hand, these countries may feel that compliance with the request, however reluctantly given, might be interpreted as implying recognition on their part of Transkei as a state.
The question is to know which is the most fruitful procedure for the jurist who wishes to familiarize himself with a foreign law: is it preferable for him to use a synthesis - established for his use by the specialists in that field - of fundamental characteristics of the envisaged foreign law; or is it better that he should himself search for these characteristics in the cases, notes and commentaries? The question regarding the method of introductory works for the study of foreign laws therefore appears to us to be but one application of a more general problem: the problem of knowing whether the reasoning of jurists should proceed from principle or from particular instances. The answer to this complex question depends on certain data, i a those enumerated above; consequently it can be of relative value only.
Different state interests, different views 00 the need for change and different formulae for effecting such change may be observed in relation to all of the freedoms of the seas in all parts of the seas. One of the most fundamental is that of navigation, and, in particular, navigation through straits used for international navigation. The same questions of freedom versus restraint, coastal state versus shipping state and national jurisdiction versus international regulation present themselves here in microcosm.
The fascination of the Mauritian legal system lies in its mixed cultural heritage. A French colony till 1810 and a British possession till 1968, Mauritius has a pre-Napoleonic French Penal Code, the bulk of its civil law in the Code Napoleon, the basis of its commercial life in the Code de Commerce of 1809, and a significant portion of its civil procedural rules stilI in the Code de Procedure Civil of 1808. Alongside this is a public law structure in the Common law mould, and company, banking, and other specific commercial law topics dealt with in statutes which follow the corresponding English laws.