Question $2$

In January last year, Penny planned a holiday to Africa for her extended family, in celebration

of her grandmother's ${70}^{th}$ 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, Penny told ASC, "I want my grandmother to have the full experience, to see

everything right from her seat, so I want those open$-$sided four$-$wheel$-$drive vehicles for the

safari. My friend did a safari tour in a minibus before, and he felt that it was not as nice as he

expected. I 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 trip!"

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: "Yes, 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.