n Annual Survey of South African Law - Conflict of laws

Volume 2010, Issue 1
  • ISSN : 0376-4605



In 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'. Most of the safari clients originated from the United States of America through a booking agent by the name of Cabelas in the state of Nebraska. This business relationship was very good, but from February 2005, the agent dramatically decreased the bookings with the plaintiff. The plaintiff alleged that this was due to defamatory statements made by the defendant to the agent. The defendant, Scott Anglin, was a hotel renovator residing in San Antonio, Texas. For a short period from 2002 onwards, the plaintiff and the defendant were both friends and business associates purchasing different fixed properties together. However, their relationship soured from about August 2003, and it broke down completely in January 2005.

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