BUSINESS LAW TUTORIAL 2

1.
a. Explain fully the concept of judicial precedent.
- Judicial precedents are based on previous decided cases; where a court must decide in a
particular way because a court has decided a similar issue in that way previously.
- What was done before must be done again and that like cases must be treated alike.
- Doctrine
- 2 types, binding or persuasive.
- Its advantages and disadvantages

b. Abdul Aziz (A) intends to sue Jemila (J) for breach of contract at the Bruneian High
Court. A. realized that the reasoning in the case of Ong v Wong (fictitious case)
which was decided by the Singaporean Supreme Court in 1992 would not favour his
claims. He therefore wishes that this case would be rendered inapplicable. A. has
been informed that you are currently studying business law at UBDSBE and has
sought your advice.
- “Where a party, without lawful excuse fails or refuses to perform what is due from hm
under the contract, or performs defectively or incapabilities himself from performing…”

- The doctrine of precedent may either be binding or persuasive depending on the type of
court.
- Based on the text, there are 2 courts mentioned which are the Singapore Supreme Court
and Bruneian High Courts. Since there are 2 countries involved, this suggests 2 different
jurisdictions.
- This means that Bruneian High Courts is not bound and does have to follow the
Singaporean Supreme Court. In other words, Singapore and Brunei have different laws,
rules and regulations.
- So….in this case, A does not have to follow the precedent aka Singaporean Supreme
Court because the breach of contract is at the Bruneian High Court.
- Because different countries have different law, rules, and regulations.
- = try to distinguish
- =Try to appeal for the overrules in high court
- =
-
c. Explain the term obiter dictum
- Things said, “by the way”.
- “Something said in passing”: a comment, suggestion, or observation made by a judge in
an opinion that is not necessary to resolve the case.
 -
2. Visit the Attorney General’s Chambers website
[http://www.agc.gov.bn/Theme/Home.aspx].
You are to identify one example of at least 5 of the sources of Law in Brunei

1. Constitution of Brunei Darussalam:

- Privy Councils: Establishment of Privy Councils, Functions of Privy Councils.
- Council of Ministers=Consultation with Council of Ministers
- Legislative Council= Qualifications for members, voting, minutes
- Finance= Annual estimates of receipts and expenditures, contingencies fund

2. Statutes, Acts, Orders:

- Adoption of children act (2010 Ed.) : CAP.205
- Agricultural pests and noxious plants act(1984 Ed.): CAP.43
- Arms and explosives act (2002 Ed.) : CAP.58
- Bankruptcy Act (1984 Ed.):CAP 67
- Bills of Exchange Act (1999 Ed.) : CAP 172
- Birth and Deaths Registration Act (2013 Ed.): CAP 79
3. Islamic Law:
- Islamic adoption of children act (2014) : CAP.206
- Islamic banking act (1999 Ed.) : CAP.168
- Islamic Family Law (2012 Ed.): CAP.217
- Islamic banking order (2008) : S96/2008
4. Legislation Subsidiary: proclamation, rule, regulation, order, resolution
- Financial regulations : S1/1983
- Brunei Nationality Act (CAP.16) : S29/1995
- Misuse of drugs regulation (CAP.27) : S27/1987
- Road Traffic Act (CAP 68) : S1/1992
- Business Names Act (CAP.92) : S31.1998
- + Syariah Penal Code,2013
-
5. Judicial Decision:
6. Common Law:
- Marriage act (2013 Ed.) : CAP76
- Misuse of drugs A (2013 Ed.) : CAP.27, RG1
- Motor Vehicles insurance (third party risks) Act (2014 Ed.) : CAP 90
- Minor Offences Act (2013 Ed.) : CAP 30
- National Registration act (2002 Ed.) : CAP 19
3. What are the requirements of a valid contract
1. Agreement : offer and acceptance
2. “consideration” (the element of mutuality)
3. Few requirements of form (binding contracts may be oral)
4. Intention to create legal relations

Contract laws are different in other countries such as Netherlands . England also has a
different law. An argument was made. Depending on which