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Denning wanted to hire a financial consultant for his small Victoria financial

firm to start work for the firm around July 15. He interviewed several potential candidates, including Smiley, on June 23. At the close of the interview, Denning told Smiley he was very impressed with her work experience and that he would let her know "one way or the other" whether she got the position "within the next few days". Smiley advised him that she would be out of Victoria "for a few days", but she would check her voice mail periodically. On June 26 Denning called Smiley's phone number, but she did not answer. Denning left a voice mail message with the news that he had decided to hire her and could she please phone him "in the next few days" to discuss when she would come to work for him. On June 27 Smiley checked her phone messages (she was in Whitehorse, Yukon, visiting her parents). She was ecstatic to hear she had been hired (but did not phone him back). On June 28 Denning by chance met with another candidate whose great credentials were surprisingly overlooked, and he decided on the spot to hire her instead. On June 29 he again called Smiley's number, but he was frustrated that she still did not answer his call. He left another voicemail message advising her that he had hired someone else more qualified for the position.  After the July 1 Canada Day weekend, Denning received a phone call from Smiley asking him: "So what gives here? First, you say I'm hired, then suddenly you say I'm not." When Denning told her she was not hired, Smiley said she would be contacting her lawyer.

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Denning is likely to win the case. Denning can defend himself by saying that he had... View the full answer

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