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''Fourway Haulage SA (Pty) Ltd v SA National Roads Agency Ltd''〔2009 (2) SA 150 (SCA).〕 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. == Facts == Following a motor accident, a toll road had to be closed for 24 hours to facilitate the clean-up of spilt asbestos, which caused the toll company to lose revenue for the duration of the clean-up. The toll company instituted action in the High Court, in which it claimed its loss in toll revenue from the haulier which operated the asbestos truck. After a separation of issues, the High Court determined that the haulier was liable in damages to the toll company for its loss. In arriving at that conclusion, the court found # that the loss was not a pure economic loss; # that the question of a legal duty therefore did not arise; and # that the loss was not too remote for it to be considered to have been caused (legally) by the negligent driving of the haulier's employee. The haulier appealed against those findings, and the decision of the High Court, to the Supreme Court of Appeal. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Fourway Haulage SA v SA National Roads Agency」の詳細全文を読む スポンサード リンク
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