\"Makanan\" is an upmarket restaurant located in the eastern part of Singapore which specialises in Singapore-inspired fusion dishes. The restaurant is owned and operated by a company called Makanan Private Limited (\"MPL\"). MPL had spent significant amounts of money and effort to develop unique and secret recipes for the food served at Makanan. Last year, MPL hired Tony, a talented chef who had worked for many years in other local restaurants, to helm the kitchen of Makanan. He had full access to the unique and secret recipes, and he had to ensure that the cooking in the kitchen is done in accordance with those recipes. All of the kitchen staff hired by MPL, including Tony, had signed an employment contract with MPL which contained the following Clause 18: \"18. For a period of six (6) months following the termination of your employment with MPL, for any reason whatsoever, you shall not: (a) accept employment from or work for any company or business entity in the food and beverage industry; or (b) set up, assist to set up, own, or hold any ownership stake in any company or business entity in the food and beverage industry, whether in Singapore or Malaysia.\" After one year of working at Makanan, during which the restaurant won numerous awards and accolades, Tony decided to resign following a disagreement with MPL over his salary. A month after Tony resigned, MPL found out that Tony was working with a prominent restaurant group called The Provenance Group (\"TPG\") to open a caf called \"Provenance\" that serves Asian-inspired all-day brunch dishes, among other food items. MPL is concerned that Tony will use his knowledge of Makanan's unique and secret recipes in preparing the food offering at Provenance. Discuss whether MPL is able to enforce Clause 18 in the employment contact against Tony to restrain him from working with TPG to set up and operate the caf called Provenance, based on the legal rules at common law relating to restraint of trade. (60 marks) Question 2 In January last year, Penny planned a holiday to Africa for her extended family, in celebration of her grandmother's 70 birthday. Her grandmother loves watching nature documentaries, and Penny was looking forward to bringing her grandmother on an unforgettable safari experience in Africa's wildlife-rich national parks. Penny decided to send some email queries to Away Safari Company (\"ASC), a safari travel company based in Singapore that arranges customised group safari tours in Africa. In her email to ASC, Penny explained the reason for the trip, and asked for a Zoom meeting with ASC's sales representative to discuss her trip requirements in more detail. ASC responded quickly, and the Zoom meeting was arranged for the next day. During the meeting, Permy told ASC, \" want my grandmother to have the full experience, to see everything right from her seat, so | want those open-sided four-wheel-drive vehicles for the safari. My friend did a safari tour in a minibus before, and he feli that it was not as nice as he expected. [ really want this to be an amazing trip for my grandmother 's birthday!\" The ASC representative replied, \"Yes, we will include open-sided four-wheel-drive vehicles in our tour package for you. You can also check out the positive feedback from our past clients on our website. So, not to worry, you are in good hands, We are the best safari travel planners you can find, and your grandmother is going to have a spectacular tip!\" The following day. ASC sent an email invoice to Penny asking her to confirm her booking and also make payment for the trip. The email invoice also contained some standard terms and conditions, but did not specifically state that the safari tour would include the provision of open-sided and four-wheel-drive vehicles. Nevertheless, as Penny found her previous discussion (over Zoom) with ASC's representative to be satisfactory, she was happy to send a reply via email to confirm her engagement of ASC for the trip. She also made payment immediately. The trip took place during the June holiday period last year. During the safari tour, Penny was dismayed that ASC did not provide any open-sided and four-wheel-drive vehicle. Instead. they provided a minibus {which was neither open-sided nor a four-wheel-drive vehicle). Compare puffs, representations and terms, and explain whether the following statement made by ASC should be classified as a term or representation: *es, we will include open-sided four- wheel-drive vehicles in our tour package for you.\" In your answer. you should also state and apply the basic test and all the five (5) guidelines from the case law which are used to distinguish between terms and representations. (40 marks)