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Which of the Following Is True About Scienter and Intent

Question 82

Multiple Choice

Which of the following is true about scienter and intent to deceive?


A) Scienter can occur when the party making the fraudulent assertion believed it was false; intent to deceive occurs when the person making the false statement claims to have personal knowledge of the statement's accuracy.
B) Either scienter or intent to deceive can occur when the party making the false statement claims to have personal knowledge of its accuracy.
C) Intent to deceive can occur when the party making the fraudulent assertion believed it was false; scienter occurs when the person making the false statement claims to have personal knowledge of the statement's accuracy.
D) Scienter and intent to deceive do not involve a party's personal knowledge of the statement's accuracy.
E) In both scienter and intent to deceive, the party making the statement does not want the contract to be fulfilled on the basis of a falsehood.

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