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7. OOTB’s appeal was dismissed for the following reasons:-
7.1. WI received $12SGD12,360.00 revenue from the Contract, but unknown to WI, OOTB had spent in the region of SGD779,812.30 on advertising and promoting 18.
7.2. Neither OOTB’s intention to market 18 intensively nor OOTB’s business strategy - which would entail greater risks than might have been faced by the average beverage distributor - were not made known to WI. These facts had a direct bearing on the losses that materialized but, without knowledge of these additional facts, WI could not have foreseen these losses and there was no basis upon which WI could fairly be held liable for them.
