Question
n late May 2018, Kelowna Audi agreed to provide an Audi A4 sports car as a prize in a golf tournament if a hole in
n late May 2018, Kelowna Audi agreed to provide an Audi A4 sports car as a prize in a golf tournament if a hole in one was scored. The tournament was in mid June. Jared,the sales manager for Kelowna Audi called Cole's Insurance (with whom they normally contract to place insurance) and left a voice mail message that they wanted Cole's Insurance to call back regarding a golf tourney charitable prize. Normally, Isabella at Cole's Insurance would contact Sun Life Insurance in Montreal to buy the insurance on the car dealership's behalf. Isabella got very busy and June arrived with no call back to Jared from Isabella. So Jared sent an email in early June before the tournament to Cole's Insurance stating "I need to place insurance with you regarding a golf tournament as we have done before." Isabella replied at the end of the first week of June saying "sure, we will get that in place for you. Thanks so much - we can work out the details later." The tournament arrived indeed there was a hole in one and Jared then followed up and called Isabella to file a claim under the insurance contract. Isabella replied "Oh goodness. I didn't place the insurance. I was so busy trying to do online law course and I am sure you said you were calling me with the details Jared!"With no insurance in place, Kelowna Audi had to give away a car and were out over $50,000. What is the basis for their lawsuit and what rules apply and what arguments can be made for both sides?
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