Quote:
Originally Posted by 1938ford
The implied contract is not hard to "nail down". It is, in fact, very simple; We will follow the rules of the game and so will you. We will not cheat you and you will not cheat us. That's it and nothing more.
It's the same "contract" you enter into when you play in a poker game with your friends, or Monopoly with your kids. Everybody plays by the rules. Nobody cheats. If you are smarter than your friends or your kids, or if you are luckier than they are or if you are better at math than they and that helps you...well then you may have an advantage using those skills/traits while you are playing, but you would not be breaking the implied contract to play by the rules. However, if you use marked cards, or loaded dice or move your game piece more or less spaces than you are supposed to to gain an advantage then you are cheating and that breaks the implied contract, even if nobody catches you the first 50 times you do it.
Yes, everyone should play by the rules. Nobody should cheat. I agree with you on these points. My issue with this is that Phil Ivey and the casino AGREED on a set of rules. Admittedly, these rules favored Phil Ivey. For whatever reason, the casino agreed to them. By all accounts, Phil Ivey followed those rules. So I don't see how he can rationally be accused of cheating. If Borgata didn't like the rules as Phil Ivey stipulated, all that they had to do was say "No" to one or more of them.
It seems that Mr. Ivey was smarter than the Borgata in this instance. How is that fundamentally different than if he was card counting?
Quote:
Originally Posted by 1938ford
I think it is important to note that although Ivey lived in Nevada he did not use this scheme there. He was smarter than that because Nevada does not mess around with people that cheat. They prosecute them and I believe Nevada would have prosecuted Ivey for this kind of conduct without hesitation. But, that's just my opinion.....
Maybe he has done this there, but either hasn't been caught, lost anyway, or settled quietly with the casino and it never made the news. I don't know, but any of these scenarios seems possible. To me at least.
Quote:
Originally Posted by 1938ford
It has EVERYTHING to do with what the judge ruled!
"The Court finds that Ivey and Sun breached their contract with Borgata to play Baccarat in compliance with the CCA by violating N.J.S.A. 5:12-115(a)(2) and (b) when they knowingly engaged in a scheme to create a set of marked cards and then used those marked cards to place bets based on the markings...... Ivey and Sun’s violation of the card marking provision in the CCA constitutes a breach of their mutual obligation with Borgata to play by the rules of the CCA."
In short, per the court, the implied contract is a mutual agreement. To honor the contract, you can not cheat. You can not mark the cards and use them to cheat. You have to play by the rules. In life I would hope if you play a game with anybody, be it a play game, money game, golf game, whatever game you understand there is an implied agreement that you both will play the game fairly.
Then isn't the Borgata just as guilty? After all, they are the ones who introduced the marked cards. And, they agreed to the sorting - it was there dealer(s) who did the sorting.
Quote:
Originally Posted by 1938ford
I keep seeing this nonsensical idea posted ITT. Does it really make sense to anybody, even those that want to believe Ivey didn't cheat, that the casino would invite Ivey to play and even send a jet to pick him up so that he could come in on 5 different occasions over a year or more and cheat them while they watched knowing he was cheating them out of millions of dollars and that they would then pay him the money he won by cheating them on each occasion all the while KNOWING that he was cheating just so they could later sue to MAYBE get their money back? Really? I mean really??
Is there any guarantee that Ivey even has or will have $11,000,000 to pay them back? I think not
I agree that this seems like a stretch, but haven't we all seen cases where someone does something at least seemingly stupid - if not outright stupid - in pursuit of big bucks? I agree that your scenario doesn't make a whole lot of sense, but that doesn't mean that it isn't the reality.
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Originally Posted by chillrob
But when this particular gambler is a professional who is very well-known and believed to be one of the best advantage gamblers in the world, you suspect nothing? Really??
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Originally Posted by IPlayNLHE
You don't just go around accusing whales of cheating unless you are pretty damn sure. Stopping him from playing is basically accusing him of wrong doing.
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Originally Posted by chillrob
They wouldn't have had to accuse Ivey of cheating, or even stop him from playing in their regular room, just not go along with his list of requests. Doesn't seem difficult to me.
This, +1. All the Borgata had to do is deny him on one or more points. This was all under their control, and done with their agreement and cooperation.