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ninety six To the evidence, I notice that Sandra built her next tranche of investments not as a result of any Wrong representations that she attributes to Ken, Sally, or Sebastian, but because she was captivated because of the returns promised by SureWin4U, and he or she considered in SureWin4 U’s gambling solutions, specifically immediately after attending the ninety nine.eight% course.
184 Sandra’s claim for negligent misrepresentation fails simply because I never take the representations on which she relies (for the two the fraudulent misrepresentation declare, and the negligent misrepresentation assert) induced her to speculate in SureWin4U.
If, in reality, any with the alleged representations by Ken, Sally or Sebastian experienced played a real and sizeable element in Sandra’s final decision to invest in SureWin4U, one particular would've anticipated to find out that talked about in her messages to her downlines. But that's not for being located. The clarification that Sandra made available was that her downlines also attended the SureWin4U seminars, and so they would have listened to for by themselves what was mentioned at These seminars.
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(a) Sandra told Mr Zhou: “It’s Alright, I knew the chance, I'll confront it.” She did not say she thought her participation in SureWin4U was freed from risk, and he or she didn't say she believed it was freed from hazard due to the fact Ken and Sally informed her SureWin4U was “safe and successful”.
159 I agree with Sandra’s contention that it's abnormal for somebody to change his cell phone without having retaining the messages in it – both by transferring Individuals messages to his new mobile phone, or making a backup with the messages. For three people to try and do exactly the same, while in the calendar year soon after SureWin4U’s collapse, is too much of a coincidence being coincidental.
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55 Third, I find that Ken and Sally didn't symbolize to Sandra that SureWin4U was “Safe and sound and profitable” from the sense which Sandra states she understood it: that “the Plan was genuine, not a rip-off, Which I would not lose the sums which i invested in it."
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forty eight Sandra’s circumstance is not really a lot that Ken and Sally employed the read more phrases “Harmless” and “successful” but that this was a relentless theme in Ken and Sally’s description of SureWin4U.
When There's a clash in between my own methods as well as Trainer’s procedures, I will select the Trainer’s methods.
forty two These representations had been further more dealt with in Sandra’s oral closing submissions, at the side of slide 38 of your slides introduced with the Listening to, which I consider in larger depth afterwards.