Question 1 Jade is the founder and owner of "Greenology", an online lifestyle platform with a mission to promote a sustainable lifestyle to the general public. Jade organises an annual event called "Greenologue", which aims to educate participants on sustainable living in a fun way through talks, workshops and "pop-up" retail shops. The venue that had hosted previous Greenologue events is under renovation, so Jade reached out to the newly opened Solarius hotel to discuss the possibility of holding this year's event at the hotel. Solarius is highly regarded by Jade as it has a reputation for adopting environmentally friendly business practices, and this is very much aligned with Jade's values. When Jade met an event planning representative from Solarius, she told the representative, "I am really excited to hear what Solarius can offer. Our annual Greenologue is the sustainability event of the year in Singapore, and we want to work only with like-minded partners that can support our messaging and champion sustainability alongside us." The Solarius representative assured Jade, "Solarius is committed to being an industry leader when it comes to sustainable hospitality. Hospitality is traditionally very much a waste- generating industry, but at Solarius, we work hard to minimise wastage using cutting-edge technology and best practices. You will not find a better partner than Solarius in Singapore." The Solarius representative proceeded to give Jade a tour of the hotel facilities, and explained in detail how Solarius hosts events in a sustainable way. For example, Solarius does not hand out bottled mineral water, and instead, provides filtered water on tap to be filled into glasses. Solarius also prints all event materials (such as signages, banners and handouts) on sustainably sourced products. By the end of the tour, having heard all that the Solarius representative had to say, Jade was convinced about the suitability of Solarius as an event partner, and decided to proceed with Solarius for the hosting of the event and the printing of all the event materials. In the contract prepared by Solarius, there was a section labelled "Special Conditions". This section contained a Clause 29 that stated as follows: "All event materials (such as signages, banners and handouts) shall be printed by Solarius on sustainably sourced products certified with the Singapore Green Label." The Singapore Green Labelling Scheme is a local environmental standard and certification mark that aims to help the general public identify preferred products that meet certain pro- environmental standards.

When Jade saw the reference to the phrase "sustainably sourced products certified with the Singapore Green Label" in the contract, she was pleased. Even though she did not understand what the phrase "Special Conditions" meant in the context of the contract, she did not give it much thought and proceeded to sign the contract with Solarius. Thereafter, Jade issued a public statement on the Greenology platform to announce Solarius as the event partner for the upcoming Greenologue, and this generated much positive publicity for the event. A few months later, and just a week before Greenologue was scheduled to take place, various media outlets reported that Solarius may be engaging in "greenwashing" (which is the practice of providing misleading marketing information to make certain business products or services appear to be more environmentally sound than they are in reality). Jade was shocked to hear the news. She immediately contacted Solarius, and Solarius admitted that the event materials produced for the upcoming Greenologue event were not actually printed on sustainably sourced products certified with the Singapore Green Label. Examine Clause 29 and explain whether it should be treated as a condition, warranty or innominate term using the traditional approach to the classification of terms. Thereafter, describe the modern Singapore approach in RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd & Another Appeal (2007), and apply it to this scenario to conclude whether Jade is entitled to terminate the contract with Solarius on the basis that Solarius did not print the event materials on sustainably sourced products certified with the Singapore Green Label.