Dear tutor,

Please help me with the question, regarding terms and representations, in law contract.

Best Video House ("BVH") is a local retailer that sells household appliances and consumer electronics. Brandon visited the retail store of BVH and saw a television set on display which looked good to him, and so he decided to ask a sales representative about it. The sales representative tried to promote its features to Brandon, and said, "This model even has a voice command feature that allows you to simply state certain pre-set commands verbally, such as 'increase the volume', and the television set would make the adjustments accordingly." Brandon was tempted to try out the voice command feature, but as there were other customers nearby, he felt it could be embarrassing and hence he did not do so.

After the discussion with the sales representative, Brandon was impressed by the quality of the visuals as well as the voice command feature, and so he decided to purchase the television set. A written invoice was issued to Brandon by BVH. The invoice stated the television model number, but it did not make any mention of the voice command feature. However, the invoice did contain some standard terms of BVH (such as those relating to refunds and exchanges for defective goods). Thereafter, Brandon made payment at the cashier based on the invoice.

(For this question, assume that the sales representative is duly authorised to act on behalf of BVH, and you are therefore not required to discuss the issue of agency.)

Question 1

Compare terms and representations, and explain which category (i.e. term or representation) the statement "This model even has a voice command feature that allows you to simply state certain pre-set commands verbally, such as 'increase the volume', and the television set would make the adjustments accordingly" should be classified. In your answer, state the basic test used to distinguish between terms and representations and also apply all the five (5) guidelines from the case law. (25 marks)

Question 2

Kindly state in-text citations or references related to the above case study.

Thank you.