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Case Study
Arpandeep recently moved to Canada from India. He has extensive experience executing small and big construction projects in India. As soon as he moved to Canada, he obtained the necessary licences that would enable him to secure and execute projects in Canada. Recently, a company in London advertised on their website looking for an experienced contractor to award a construction project in the London area. Arpandeep submitted an application for this contract. He was invited for an interview 5 days later. At the interview, the company's Director of Projects became very impressed with Arpandeep's construction project accomplishments. He was asked to submitted all his licences and professional certifications for a review. On that very day, Arpandeep submitted all the requested documents to the company for review. Two days later, Arpandeep was called by the company over the phone that he was the successful winner of the contract project. They asked Arpandeep if he would accept the offer to execute the contract. Arpandeep accepted the offer on the phone right on the spot. Arpandeep recorded this phone conversation between him and the company. The Director of Projects for the company told Arpandeep on the phone that a contract was going to be prepared for him to sign to begin the execution of the project. When the final document was sent by the Director of Projects to the company's headquarters in Toronto for a review, the Head of Projects at the headquarters suggested to the Director of Projects at the London office that since Arpandeep was still new to Canada, he should not be given the contract because he lacked Canadian experience. The Director of Projects invited Arpandeep to come to the company's office in London to explain the decision from the headquarters. It was a snowy day when Arpandeep got to the company's property at London. As he was about to enter the office building of the company, a slab of ice fell from the company's top building and hit Arpandeep's head. He complained the pain and the incident to the company's Director of Projects right before their meeting. The Director apologized to Arpandeep about the unfortunate incident. He told Arpandeep that the Head of Projects at the headquarters had recommended that the project be awarded to another person since Arpandeep was new to Canada and he lacked Canadian experience. Arpandeep has been experiencing some pains on his head and neck after this incident. Answer the following questions:
1. You are Arpandeep's friend, and Arpandeep knows that you have taken a course in Hospitality Law and Risk Management. Please advice Arpandeep what actions he should take. Consult the readings, class discussion and activities from Weeks 1-4 to advise Arpandeep. List and explain all the claims that Arpandeep could allege. Be specific.
2. If Arpandeep decides to take any legal action, where would he go for redress. Explain your answers.
3. You think there was any contract between Arpandeep and the company? If yes or no, explain your answer.
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