Contracts Act · 2023 Revised Edition · Part · Indemnity and Guarantee
100E. Remedy in event of breach
Official textFrom Attorney General's Chambers, unchanged
Where a scholarship agreement has been breached by a scholar —
scholarship agreement
“scholarship agreement” means any contract or agreement between an appropriate authority and any person (in this Act referred to as a scholar) with respect to, any scholarship, award, bursary, loan, sponsorship or appointment to a course of study, the provision of leave with or without pay, or any other facility, whether granted Contracts directly by the appropriate authority, or by any other person or body, or by any government outside Brunei Darussalam, for the purpose of education or learning of any description;
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
surety
“surety” means a person referred to as a surety, or as a guarantor, or by any other corresponding term, in a scholarship agreement.
Contracts 64
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 —
appropriate authority
“appropriate authority” means the Government, a statutory authority or an approved educational institution;
the whole amount expended by the appropriate authority under the agreement; and
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.
Terms defined in s 100B
appropriate authority
Defined · s 100B“appropriate authority” means the Government, a statutory authority or an approved educational institution;
scholarship agreement
Defined · s 100B“scholarship agreement” means any contract or agreement between an appropriate authority and any person (in this Act referred to as a scholar) with respect to, any scholarship, award, bursary, loan, sponsorship or appointment to a course of study, the provision of leave with or without pay, or any other facility, whether granted Contracts directly by the appropriate authority, or by any other person or body, or by any government outside Brunei Darussalam, for the purpose of education or learning of any description;
surety
Defined · s 100B“surety” means a person referred to as a surety, or as a guarantor, or by any other corresponding term, in a scholarship agreement.
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