Terence recently bought a home. He was specifically looking for a full leather sofa for

his living room as he reckoned that it would be more durable and comfortable. He also

wanted the sofa t

o be gold in colour, as it will match the rest of his dcor. As such a

combination (of a gold and leather sofa) was unusual, Terence has been unable to find

such a product thus far. One day, Terence came across a furniture shop owned and

operated by a pers

on called Steve, and he asked Steve whether he carried such a product.

Steve enthusiastically informed Terence that he does carry such a product. Terence asked

Steve, "

Is the sofa made with genuine leather?

" Steve replied, "

Yes, absolutely! The sofa

is one hundred percent covered with genuine leather.

" Steve took out a sample (which is

a cutout of about 5cm by 5cm) of the material used to cover the sofa, and showed it to

Terence. Steve said, "

See, you can feel it for yourself!

" Unknown to Steve, Terence

was

actually an expert on leather products as he sold leather bags in his line of work. Terence

inspected the sample material carefully, and confirmed that it was indeed genuine leather.

Terence was excited to have finally found his gold-

coloured sofa in full leather. He

immediately placed an order with Steve. Steve issued a sales invoice to Terence, writing

the following words on it: "

Full leather sofa (gold look) for $1,000, to be delivered within

one week.

" When the sofa was delivered to Terence's home a few days later, he

discovered that it was not fully covered in the same leather material. While the front part

of the sofa was indeed made with leather, the back of the sofa was made with a synthetic

form of leather (called "plastic leather" or "pleather

").

Compare

terms and representations, and explain which category (i.e. term or

representation) the statement "

The sofa is

one hundred percent

covered with genuine

leather

" should be classified. In your answer, you should state and apply the basic test

used to distinguish between terms and representations and all the

five (5)

guidelines from

the case law.