CLA1503 Assignment 2 Semester 1

CLA1503 Assignment 2 Semester 1 PREVIEW OF QUESTION 1 1. 2 Reference: Textbook Page 6 Foreign law is not regarded as an authoritative source for South African law — it has persuasive authority only. In this connection, the decisions of the English courts immediately come to mind, but it must be emphasised that English law is no authority if South African law makes full provision on the point. The courts will reject South African decisions which in the past have wrongly adopted English law. The decisions of the American courts have sometimes been accepted in South Africa, but, of course, they are not binding. Moreover, where necessary, the courts may have regard to the law of countries on the European continent. The law in many of these countries is based on Roman law and, accordingly, South African and European law correspond to a considerable extent.