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Intent to deceive may not be inferred when a fraudulent misrepresentation is at issue.
Fraudulent Misrepresentation
(1) The tort that occurs when a misrepresentation is made with intent to facilitate personal gain and with the knowledge that it is false. (2) In contracts, a false representation of a material fact that is consciously false and is intended to mislead the other party. Also called intentional misrepresentation.
Intent To Deceive
The deliberate intention to mislead or trick someone into believing something that is not true.
- Understand the concept of fraudulent misrepresentation and its requirements, including intent and scienter.
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Learning Objectives
- Understand the concept of fraudulent misrepresentation and its requirements, including intent and scienter.
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