Question 1 (25 marks)

Brandon was near his retirement and planning to buy a village house. Suki intended to sell off her village house in Tai Po, which she inherited from her father. One day, Brandon was led by Suki to visit her village house. Brandon was quite impressed by this nice two-story house. Suki particularly led Brandon to visit a small garden just next to the house and was now planted with some herbs and flowers. Suki also told Brandon that this small garden was irrigated with fertile soil. On this visit, both the house and the garden were shown to Brandon by Suki without telling him that he was buying the house only. Brandon was happy to have this house as he can grow some plants that he likes to spend his retirement life. Thinking that he was buying the house together with the small garden, Brandon signed the sale and purchase agreement. However, two weeks after the sales agreement was signed, Brandon learned from a reliable source that the small garden actually belonged to Suki's neighbour next door, and Brandon would have no right to use it at all. After Brandon purchased the village house, he signed a contract with a craftsman Leo to help him paint the house and agreed to pay the project in a lump sum of $100,000 after the whole premise was painted. However, just after the first floor was painted, Leo's father was seriously injured in a traffic accident and hospitalized. Leo told Brandon that he had to take care of his father and could no longer complete the project. Being sympathetic with Leo's situation, Brandon agreed to accept the work done by Leo amount to $40,000.

Required:

(a) Explain whether Brandon can make a claim against Suki on the ground of misrepresentation. You are required to cite a relevant case to support your answer but do NOT need to discuss the issues about different types of misrepresentation. (17 marks)

(b) Discuss whether the contract is discharged by performance between Leo and Brandon. You are required to cite a relevant case to support your answer. (8 marks)