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196 Sandra’s closing submissions usually do not go that considerably: she would not say that every one participants owe each other a duty of care, or that before members owe afterwards contributors a obligation of treatment, or that individuals who created money owe individuals who shed money a responsibility of treatment; as an alternative, she seeks To place Ken, Sally, and Sebastian on a pedestal so as to impose a obligation of care on them.
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From those other paragraphs, representations are only attributed to Sebastian in para 63, which reads as follows:
ninety eight Sandra attributes several representations to Ken and Sally, but none of these (nor all of them taken together) total to some representation that SureWin4U was “safe and profitable” in the sense from the scheme getting respectable, not a scam.
Dennis Nikrasch managed to accomplish matters in different ways. He also purchased a slot equipment to "play" with in the home. He found out the machine’s chip might have been reprogrammed to manipulate the end result of the sport.
(a) Sandra instructed Mr Zhou: “It’s OK, I knew the risk, I will face it.” She didn't say she believed her participation in SureWin4U was freed from threat, and she or he didn't say she considered it had been freed from risk due to the fact Ken and Sally instructed her SureWin4U was “Harmless and lucrative”.
They explained that it was Protected, it had been respectable, it had been stable, and so they reported which the winning threat was 99.8 for every cent, plus they mentioned that we might one hundred per cent get this. They mentioned this overtly, and I was cheated by them.
197 It is also instructive to consider the breaches of obligation that Sandra complains of, for this can notify the inquiry as on the duty she might have the court docket impose on Ken, Sally, and Sebastian.
fifty five Third, I realize that Ken and Sally did not symbolize to Sandra that SureWin4U was “Secure and lucrative” inside the perception which Sandra says she recognized it: that “the Scheme was genuine, not a rip-off, Which I wouldn't drop the sums that I invested in it."
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In fact, Ken, Sally, and Sebastian did not have any intention of injuring other investors. Quite the opposite, they as SureWin4U buyers have been satisfied for other SureWin4U buyers to also prosper from taking part in the plan.
21 On condition that the setting up premise was that SureWin4U was engaged in an equivalent activity of possibility enjoying baccarat versus a casino, I usually do not accept that the formula described by Ken would give SureWin4U a bonus around the casino.
163 Why then did Sally not hold any of her other messages about SureWin4U? website She stated, “I used to be really, extremely depressed. I don’t even dare to consider the telephone.