When Tom and Tabitha decided to buy a bigger house for their growing family, they made an appointment with a salesperson for a newresidential housing estate called 'Rosewood Park'. At this meeting, the salesperson showed them several brochures, showing that Rosewood Park would have plenty of parks and playgrounds for families with young children. Tom and Tabitha agreed to buy a block of land, which the salesperson promised would be"located right next to a beautiful park where your children can play".

A few months after development started, Tom and Tabitha noticed that the layout of Rosewood Park looked different to the plans they were shown in the brochures. Now, instead of a beautiful park, the developer was building a small shopping centre right next to their block of land.

When they questioned the salesperson, Tom and Tabitha were told that his statements about the location of the park were not incorporated into the sales contract they signed.

Tom and Tabitha are furious and believe that the developer breached the contract.

Answer the following questions:

1. Advise Tom and Tabitha whether they can use the legal precedent ofHoyt's Ltd v Spencerto sue the developer for breaching the contract. (5 marks)