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You are serious about your new found love of running. So, you go to the Stellar Runners Supply Store in Houston. The salesperson shows you

You are serious about your new found love of running. So, you go to the Stellar Runners Supply Store in Houston. The salesperson shows you some shoes and says, "In a race, these shoes pick up the stellar energy from the runners around you and channel it into your own legs. This causes everyone with these shoes to run twice as fast as in normal shoes." In your next race, you do only slightly better than usual and sue for fraud.

You would lose because the statement did not contain a factual assertion.

You would lose because your reliance was not justified.

Proving only that the salesperson intended to deceive you is enough to win your fraud case.

You would win if most runners do not go twice as fast in the stellar shoes.

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