BUSINESS LAW BB2201 Tutorial 1

Section 1
a. What does law mean to you? What school of thought to you align with and why?
- To me, law is created by a system of rules ought to enforced to the public to maintain
peace and regulate their behaviour. Government school, where it is compulsory for all
female students regardless of race to wear tudungs and baju kurong.
What knowledgeable that you think should not be law? Yes, I should agree normality
because…
- Donating, charity, being kind, depends on the context on what you think is law.

b. Explain 3 areas of law within the broad head to “business law”

- Consumer Law : laws that protects consumers while creating a fair
balance/relationship with sellers.
- Intellectual property law: law that protects the rights of one’s intangible assets such as
copywrites or patents.
- Law of Contract: laws relating to making and enforcing agreements between two
parties.

c. Discuss the various sources of law in Brunei Darussalam.

- Islamic Law: Islamic law sources from The Quran
- Common Law: laws that made based on precedents
- The Constitution of Brunei Darussalam: laws made from governing authorities in
Brunei such as Privy Councils, Councils of Ministers; where it creates the structure
for basic functions, responsibilities and principles in Brunei.
- Statutues : creates the basic structure….?
In society, laws are created such as environmental laws, financial law, architure law and
divorce law.

d. What do you understand about the relationship between common law and equity?
- Common law builds general rules which provides certainty since it is made based on
precedents, while the rules of equity checks and balances the common law.

e. Explain fully the concept of judicial precedent

- Judicial precedent or precedent refers to a previously decided cases that are used by
the court to decided a case must be followed in future cases, where material facts are
sufficiently similar.
Section 2
The High Court has unlimited jurisdiction in terms of civil jurisdiction. What is meant by
unlimited jurisdiction?
- Unlimited jurisdiction is that there is no limit to the value or penalties

Andy lent $25,000 to Bernard last year but forgot to record this loan in written agreement. He
needs his money back urgently. Andy has tried to persuade Bernard to return the money but
has encountered problems doing so. Andy wishes to take legal action.
Advise Andy:
A) Which court should Andy file his claim at?
- Andy should file his claim at the Magistrate e Court under Subordinate Courts. Since the
amount borrowed is more than $10,000 and less than $50,000

B) What difference would it make if the loan was for $5,000 instead?
- if the loan was $5000 instead, he would need to go to Small Claims Tribunal under
Subordinate Courts. It is because it is less than $10,000.
C) What problems if any, will Andy encounter in pursuing his claim?
- Since Andy did not have a written agreement with Bernard, his case might be
dismissed/thrown out since he has no evidence to his claim. On the other hand, there was a
verbal agreement to the borrowing of the loan which is legally binding. However, it would be
also hard to prove that there was no agreement.