JUDGMENT
Mohd Firuz Jaffril JCA:
Introduction
[1] The present appeal concerns a cause of action for breach of contract in the form of an early termination of a three (3) year tenancy agreement. The facts of this appeal are as gathered from the judgment of the learned High Court Judge ('HCJ') and from the submissions of the parties. We respectfully adopt them, subject to some modifications.
[2] For purposes of convenience, the parties shall be referred to as per their capacity in this appeal.
Background
[3] Vide a letter dated 2 April 2015 titled "Proposed Planting of Axonopus Compressus (Cow Grass) For Commercial Purposes at the Designated Land Area in Cyberjaya, Bangi, ET AL" the Respondent made a proposal to a subsidiary company of the Appellant, UEM Sunrise Berhad, which included, inter alia, the following:
3.1 The Respondent would be permitted to rent a plot of land (approximately 30 acres) owned by the Appellant/ UEM Sunrise for a minimum tenure of three (3) years, with the option to renew.
3.2 The Respondent intended to use the rented land to plant Axonopus Compressus (a type of grass hereinafter referred to as "Cow Grass").
3.3 In return for leasing the land, the Respondent would supply Cow Grass to the Appellant and/ or UEM Sunrise for use in the 'Serene Heights Development Project' at a fixed and discounted rate.
[4] On 27 January 2016, the Respondent presented their proposal to the Appellant via PowerPoint slides ("the presentation"). The presentation, conducted by Encik Mohd Khalid and Encik Mohd Noor, SP1 and SP2 respectively, was delivered in both English and Bahasa Malaysia.
[5] Subsequently, a letter of appointment dated 21 June 2016, was issued to the Respondent titled "Appointment of Emkay Enterprise ('Emkay') as the Operator of the Turf Farm on a Parcel of UEM Land Berhad ('UEM Land')'s Land (26.71 acres) at Serene Heights, Bangi for a period of three (3) years with an option to renew on a 1+1 year basis for a nominal fee of RM1.00 as the tenancy fee" ("the Letter of Appointment"). The salient terms of the Letter of Appointment are, inter alia, as follows: