Singh is a huge Toronto Blue Jays fan. It's Monday, and Singh wants to attend the upcoming

playoff game on Thursday, but all tickets have been sold.

Singh did some online research and found an advertisement on Kijiji that stated:

"

BLUE

JAYS PLAYOFF TICKETS FOR SALE!

I have 2 tickets for the upcoming Blue Jays playoff game that I need to sell. The

tickets are in the 5

th

row from the field with excellent views of the entire field. I

am selling the tickets for $500 each, cash only. "

On Tuesday, Singh emailed Marco expressing interest in the tickets and asked why he was

selling the tickets. Marco emailed Singh back explaining that he had to be out of town on

business on Thursday so h

e couldn't go to the game. Singh offered to buy the tickets from

Marco and they agreed to meet. The next day, Wednesday, Singh and Marco met, Singh gave

Marco $1000 and in return Marco gave Singh the tickets. Singh was so excited he didn't even

bother read

ing the tickets.

On Thursday, Singh arrived at the stadium with his girlfriend. When he showed his tickets at the

entrance, he was told that the tickets were for last week's playoff game. When Singh protested,

the ticket attendant showed Singh the dates p

rinted on the tickets, which clearly indicated last

week's date.

Singh was furious. Not only did he lose $1000, he was unable to watch the game, and he was embarrassed in front of his girlfriend. Singh wants to sue Marco.

What is the one best tort that Singh can argue that Marco committed ? Explain your

answer by (a) identifying the legal issue; (b) stating the law or legal test; (c) applying the

law to the facts; (d) identify any defences that Marco can raise; and (e) conclusion

-will Singh succeed ?