• LPL4802 January/February Supplementary Exam
Memo | Due January/February 2026 | Law of
Damages (UNISA)
,Question 1:
What is the primary purpose of awarding damages in tort law?
A) To punish the wrongdoer
B) To compensate the victim
C) To prevent future harm
D) To establish legal precedent
Correct Option: B) To compensate the victim
Rationale: The primary purpose of awarding damages is to compensate the victim for
the loss or injury suffered, restoring them to the position they would have been in had
the tort not occurred.
Question 2:
Which type of damages is awarded to compensate for non-economic losses such as
pain and suffering?
A) Special damages
B) Punitive damages
C) General damages
D) Nominal damages
Correct Option: C) General damages
Rationale: General damages are awarded for non-economic losses, including pain,
suffering, and emotional distress, which do not have a specific monetary value.
Question 3:
In the context of negligence, what does the term "causal link" refer to?
A) The relationship between the defendant's action and the plaintiff’s damages
B) The legal obligation to act reasonably
C) The statute of limitations for filing a claim
D) The intent to harm
Correct Option: A) The relationship between the defendant's action and the
plaintiff’s damages
Rationale: The causal link establishes whether the defendant's actions directly led to
the damages suffered by the plaintiff, which is essential for proving negligence.
Question 4:
, When can a plaintiff claim punitive damages?
A) Always, in every case
B) Only if the defendant acted with gross negligence or malice
C) Only in contract disputes
D) Punitive damages are never available
Correct Option: B) Only if the defendant acted with gross negligence or malice
Rationale: Punitive damages are intended to punish the defendant for egregious
conduct and deter similar behavior in the future; they are only available in cases of
gross negligence or malicious intent.
Question 5:
What is "remoteness of damage" in tort law?
A) The distance between the parties in a tort case
B) The principle that limits recovery to damages that are a foreseeable result of the
defendant's breach
C) The jurisdiction in which the case is tried
D) The duration of time between the tort and the filing of the lawsuit
Correct Option: B) The principle that limits recovery to damages that are a
foreseeable result of the defendant's breach
Rationale: The remoteness of damage principle ensures that a defendant is only liable
for damages that were foreseeable at the time of the breach, preventing claims for
unrelated damages.
Question 1:
What is the primary focus of legal positivism?
A) The moral basis of laws
B) The relationship between law and society
C) The separation of law and morality
D) The historical development of legal systems
Correct Option: C) The separation of law and morality
Rationale: Legal positivism emphasizes that law is a set of rules and principles that are
created and enforced by the state, independent of moral considerations.
Question 2:
Who is most closely associated with the social contract theory?
Memo | Due January/February 2026 | Law of
Damages (UNISA)
,Question 1:
What is the primary purpose of awarding damages in tort law?
A) To punish the wrongdoer
B) To compensate the victim
C) To prevent future harm
D) To establish legal precedent
Correct Option: B) To compensate the victim
Rationale: The primary purpose of awarding damages is to compensate the victim for
the loss or injury suffered, restoring them to the position they would have been in had
the tort not occurred.
Question 2:
Which type of damages is awarded to compensate for non-economic losses such as
pain and suffering?
A) Special damages
B) Punitive damages
C) General damages
D) Nominal damages
Correct Option: C) General damages
Rationale: General damages are awarded for non-economic losses, including pain,
suffering, and emotional distress, which do not have a specific monetary value.
Question 3:
In the context of negligence, what does the term "causal link" refer to?
A) The relationship between the defendant's action and the plaintiff’s damages
B) The legal obligation to act reasonably
C) The statute of limitations for filing a claim
D) The intent to harm
Correct Option: A) The relationship between the defendant's action and the
plaintiff’s damages
Rationale: The causal link establishes whether the defendant's actions directly led to
the damages suffered by the plaintiff, which is essential for proving negligence.
Question 4:
, When can a plaintiff claim punitive damages?
A) Always, in every case
B) Only if the defendant acted with gross negligence or malice
C) Only in contract disputes
D) Punitive damages are never available
Correct Option: B) Only if the defendant acted with gross negligence or malice
Rationale: Punitive damages are intended to punish the defendant for egregious
conduct and deter similar behavior in the future; they are only available in cases of
gross negligence or malicious intent.
Question 5:
What is "remoteness of damage" in tort law?
A) The distance between the parties in a tort case
B) The principle that limits recovery to damages that are a foreseeable result of the
defendant's breach
C) The jurisdiction in which the case is tried
D) The duration of time between the tort and the filing of the lawsuit
Correct Option: B) The principle that limits recovery to damages that are a
foreseeable result of the defendant's breach
Rationale: The remoteness of damage principle ensures that a defendant is only liable
for damages that were foreseeable at the time of the breach, preventing claims for
unrelated damages.
Question 1:
What is the primary focus of legal positivism?
A) The moral basis of laws
B) The relationship between law and society
C) The separation of law and morality
D) The historical development of legal systems
Correct Option: C) The separation of law and morality
Rationale: Legal positivism emphasizes that law is a set of rules and principles that are
created and enforced by the state, independent of moral considerations.
Question 2:
Who is most closely associated with the social contract theory?
