Fourway Haulage SA v SA National Roads Agency information

Fourway Haulage SA (Pty) Ltd v SA National Roads Agency Ltd^[1] is an important case in South African law. It was heard in the Supreme Court of Appeal on 5 November 2008, with judgment handed down on 26 November. The judges were Scott JA, Farlam JA, Brand JA, Lewis JA and Jafta JA. JH Dreyer SC (with JA du Plessis) appeared for the appellant, and AC Ferreira SC (with I. Ellis) for the respondent.

The case is especially significant for the law of delict, and the question of wrongfulness in cases of pure economic loss. The court held that the causation of pure economic loss is not prima facie wrongful. Wrongfulness is a function of public and legal policy considerations. The court went on to examine and explain the policy considerations determining liability.