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Friday 22 March 2013

Intent to Deceive


Intent to Deceive

Scienter is an Intent to Deceive.

§ Party knowledge that fact is not as stated.

§ Party makes a reckless statement with disregard of the truth.

§ Party implies that statement is based on personal knowledge or investigation.

Gross negligence is considered intent.

Case 13.2: Sarvis v. Vermont State Colleges (2001).

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