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Susan and her family made a plan to go to Pulau Langkawi for holiday. As they need a car to go to the interesting places

Susan and her family made a plan to go to Pulau Langkawi for holiday. As they need a car to go to the interesting places in Pulau Langkawi, she booked a Honda City car through carrental.com website. In her booking confirmation, it stated that the rental company will provide her with a 2019-model Honda City car from 30th January 2021 until 2nd February 2021 in exchange of RM400.00 as rental fee. In order to confirm her booking, Susan had paid deposit amounting to RM100.00 which was duly received by the rental company.

When they arrived at Pulau Langkawi on 30th January 2021, Susan was dismayed when she was informed by the representative of the rental company that Honda City car was not available. Instead, they provided her with a 2019-model Perodua Myvi. She refused to accept the car because it was too small and cannot fit all their family members with their luggage. She wanted to rescind the contract and demanded the company to return her deposit. The company refused to do so, stating that the deposit was non-refundable. Advise Susan on the followings:-

  1. Whether there is a valid contract between Susan and the car rental company

(12 marks)

  1. Whether the act of the company providing a different car to Susan constitute a breach of condition which allows Susan to rescind the contract

(3 marks)

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