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Lighter smoking is frequently perceived as less harmful, they wrote

Turning to the issue of the instruction itself, the panel noted that as plaintiffs counsel explained at the charge conference, the standard for liability under Chapter 93A differs from that for fraud and misrepresentation in that a 93A claim based on deceptive acts does not require proof that the plaintiff relied on the representation or that the defendant knew the representation was false and intended to deceive the plaintiff

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Money was tight then, too

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