Ridan College cannot host an in-person Open House because of the Covid pandemic. Based on an effective sales presentation by the Sales Manager, Larry Lizon, it contracts with a vendor, InstantWorks Inc., to use its platform to host Ridan's first ever Virtual Open House. During the sales presentation Larry Lizon assures the representatives of Ridan College that the platform may be used by as many as 2000 people and that many other colleges have used it to host events without encountering any issues. Ridan has never had more than 800 people attend its Virtual Open House. Ridan plans to have 25 staff members and 35 students work the event. On the day of the Virtual Open House, most Ridan staff cannot log into the platform. It crashes when they attempt to do so. Prospective students seem to be having the same issue. A total of 600 users attempted, unsuccessfully, to log in on the day of the Virtual Open House. The issues were not fixed until the last hour of the Virtual Open House. Only 35 prospective students attended the event. Enrollment for the following semester declinds by 20%. The President of Ridan College has now discovered that another user of the platform, Lennica College, had encountered similar issues with its Virtual Open House which took place two weeks before the sales presentation to Ridan College.

Assume that you represent Ridan College. You have been instructed to commence an action against InstantWorks Inc. What legal argument/s will you make concerning this matter? (4 marks)

What remedy or remedies will you seek on behalf of Ridan College? (4 marks)