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Aashika Khadka
on Nov 27, 2024

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For purposes of fraudulent misrepresentation, scienter clearly exists if a party asserting a fact knows it is not as stated.

Fraudulent Misrepresentation

A false statement made knowingly, without belief in its truth, or recklessly, with disregard to its truth, which is intended to induce another party to enter into a contract.

Scienter

Knowledge by the misrepresenting party that material facts have been falsely represented or omitted with an intent to deceive.

  • Understand how falsehood and fraud compromise the legitimacy of a contract.
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Lisette BauerDec 01, 2024
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