PART A: FOUR STEP PROCESS QUESTION (24 marks)

Scenario:

Leo is a keen golfer. One afternoon, while browsing the internet he finds that the Vines Golf Resort is advertising golfing packages for beginner/novice golfers to improve their golf game. He calls David who is the manager of the Vines Golf Resort and tells him that he is a beginner golfer and wants to improve his golf game so is only looking for golfing packages which includes personal one-on-one golf training sessions.

David says to Leo: Absolutely. We offer the best golfing packages in the world and we have world-class trainers. David recommends to Leo a 5-day golfing package at a cost of $4,000.

The 5-day golfing package includes:

- Five-night stay at the Vines Golf Resort

- Gourmet al a carte breakfast, lunch and dinner at the hotel for 5 days. - A daily 2-hour one-on-one training session with an experienced golf trainer. - Access to the Vines golf course from 8am-6pm.

David and Leo meet. David hands Leo a written contract which details the above 5- day package description. Just before signing the contract Leo says to David: I need to tell you that Im highly allergic to seafood. If I come into contact with seafood, I will have a severe allergic reaction. Can you ensure that no seafood in any of my meals? David replies: Of course, that will not be a problem. I will personally ensure this. Satisfied with the response, Leo signs the contract and pays $4,000 to David.

After three days at the Vines Golf Resort, Leo is unhappy due to the following reasons:

- Leos only had one private golfing session on his first day and on the other days there were between 3-5 other people participating in the training session.

- Leo was given buffet-style for all meals and while the meals were satisfying it was not the gourmet food he had expected.

- Every day the golf course closed a 5.45pm and not 6pm as stated in the

contract.

- In the premier lounge Leo was offered a salad by David. Leo asked if there was any form of seafood in the salad or sauce, David assured him that there was no seafood. Leo ate the salad and within 20 minutes he suffered a severe allergic reaction. It was later discovered that the sauce in the salad contained anchovies (small salty fish).

Question:

In your own words and using the 4-step process, determine which statements are terms and which statements are not (ensure you focus on both the written and verbal statements). If there are terms, refer to Leos criticisms of his experience and explain whether they will be classified as a breach of a condition or warranty.