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In force2023 Revised Edition
Contents

Part · Indemnity and Guarantee

100E. Remedy in event of breach

Where a scholarship agreement has been breached by a scholar —

(a)

if a sum is named in the agreement as the amount to be paid in case of such breach, notwithstanding anything to the contrary contained in this Act, the scholar and the surety shall be liable jointly and severally to pay and the appropriate authority shall be entitled to be paid the whole of the sum whether or not actual damage or loss has been caused by the breach, and no deduction shall be made from the sum on account of any partial period or service performed by the scholar on completion of his course of study; or

Contracts 64

(b)

if no such sum is mentioned in the scholarship agreement, the scholar and the surety shall be jointly and severally liable to pay and the appropriate authority shall be entitled to be paid —

(i)

the whole amount expended by the appropriate authority under the agreement; and

(ii)

the whole of such further amount as it will cost the appropriate authority or another authority designated by it to engage a person with qualifications and experience similar to those which were to be obtained by the scholar to perform the services required of the scholar on the completion of his course or study for the period specified in the scholarship agreement.