Breach of Scholarship Agreements: Understanding the Quantum of Damages

High Court Malaya Ipoh

Quantum Of Damages [36] The amount of damages claimed in this case corresponds to the exact total sum of the Appellant's salary, allowances, and associated emoluments ... Remedy in the event of breach Where a scholarship agreement has been broken by the 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 contrar....

High Court Malaya Shah Alam

Agreement was only recoverable upon KUIS's termination of the Scholarship Agreement. ... Zaini was a lecturer who was still under the duration of a scholarship bond with KUIS when he resigned from his employment. KUIS brought an action against Zaini at the Sessions Court seeking damages for an alleged contractual breach of the Scholarship Agreement (defined below). ... of the S....

High Court Malaya Kuala Lumpur

The documents sought relate primarily to correspondence, agreements and other materials concerning eight other scholarship holders of the plaintiff and their arrangements regarding deferment of scholarship bond service. ... Under the revised policy, all scholarship holders were required to return to Malaysia immediately upon graduation to fulfil their scholarship bond obligations. [9] Th....

High Court Malaya Kuala Lumpur

The documents sought relate primarily to correspondence, agreements and other materials concerning eight other scholarship holders of the plaintiff and their arrangements regarding deferment of scholarship bond service. ... Under the revised policy, all scholarship holders were required to return to Malaysia immediately upon graduation to fulfil their scholarship bond obligations. [9] Th....

Apart from what can be gathered from the two agreements as to intention of the parties, the law is that where a contract contains only a single stipulation on the breach of which a specified sum whether large or small is to be payable, such a sum is liquidated damages. ... The Roman-Dutch law does not allow the enforcement of agreements where the sum stipulated is ingens or imman....

High Court Malaya Shah Alam

It is only upon demand, the monies expended would become due and payable. Plaintiff anchors its claim on cl 7 of both 1995 and 1997 scholarship agreements. ... [25] The SCJ had erred in law when she decided that plaintiff is guilty of laches as long time was taken to sue the defendants for breach of scholarship agreements, when action could have been brought earlier. .....

High Court Malaya Kuala Lumpur

The said Consent Order was only entered after the Plaintiff / Respondent enforced the terms of the Scholarship Agreement and the Guarantee Agreements against the Appellant and the other Defendants. ... [27] Therefore, as cl 7 of the Scholarship Agreement did provide specifically that the sum of RM160,000.00 shall be paid by the Appellant to the Respondent, if the said scholarship is breached then this li....

High Court Malaya Kuala Lumpur

The preamble to the Act reads: An Act to amend the Contracts Act, 1950 to make provisions with respect to scholarship agreements. ... agreements and at the same time ousted the jurisdiction of the High court. ... Bank Negara (supra) is of no assistance to distinguish the trite authorities that dealt specifically with the issue in our present case. ... in all civil proceedings which arise from or relate to a scho....

High Court Malaya Kuala Lumpur

Bar committed a far more serious breach of the law when it published the motion on its website and tabling it for resolution at the AGM. ... There is no basis upon which to award exemplary damages in the present case. Accordingly, no award is made under this head of claim. ... Should the answer to that question be in the affirmative, this Court must further determine the appropriate quantum of #HL_START....

High Court Malaya Kuala Lumpur

Punitive or exemplary damages might be awarded where a breach of contract was also a tort, but in English law they are not awarded for a mere breach of contract, (Perera v. Vandiyar [ 1953] 1 WLR 672)." ... [63] It is trite that the applicable law in awarding damages for loss or damage caused by breach of contract is provided for in s 74 Contracts Act 1950. ... The #H....

Current Civil Cases

This became necessary in view of the earlier dichotomy in the jurisdiction between common law and Equity Courts in the matter of choice of the nature of remedies for breach. Lord Cairn’s Act, 1858 conferred jurisdiction upon the Equity Courts to award damages also so that both the reliefs could be administered by one court. In common law the remedy for breach of a contract was damages. The Equity Court innovated the remedy of specific performance because the remedy of damages....

2021 0 Supreme(Mad) 2613

In the alternative, evidence of the profit margin in substantially similar projects of the Respondent or any other developer could have been adduced. Nonetheless, a claim for loss of profit is, typically, as in this case, a claim for unliquidated damages. Although this is a loss of profit claim and actual loss could not have been proved, the Respondent could have adduced evidence of the business plan for this project along with the return on investment or profit margin reckoned therein. #HL_ST....

2019 0 Supreme(UK) 546

In common law the remedy for breach of a contract was damages. This became necessary in view of the earlier dichotomy in the jurisdiction between common law and Equity Courts in the matter of choice of the nature of remedies for breach. The Equity Court innovated the remedy of specific performance because the remedy of damages was found to be an inadequate remedy. Lord Cairn's Act, 1858 conferred jurisdiction upon the Equity Courts to award damages also so that both the relie....

2018 0 Supreme(Del) 2796

Under the law damages can be granted on breach of contract or upon wrongful tortuous act causing harm. Admittedly present claim of damages is not covered under the head of “breach of contract”.

2011 0 Supreme(AP) 602

In common law the remedy for breach of a contract was damages. This became necessary in view of the earlier dichotomy in the jurisdiction between common law and Equity Courts in the matter of choice of the nature remedies for breach. The Equity Court innovated the remedy of specific performance because the remedy of damages was found to be an inadequate remedy. Lord Cairn’s Act, 1858 conferred jurisdiction upon the Equity Courts to award damages also so that both the reliefs ....