Gilles tampers with the odometer of a car he is trying to sell. In order to convince the buyer that the car has run fewer miles than it actually has, he manually sets the odometer to the numbers of miles he wants displayed. In this scenario, Gilles is guilty of _____.
A) fraud with intent to deceive
B) fraud by silence
C) duress
D) caveat emptor

Question

Quizplus · Accepted Answer

In this scenario, Gilles is guilty of fraud with intent to deceive. Scienter refers to the mental state of the defendant. The courts generally infer an intent to deceive from the fact that the defendant knowingly made a misstatement to a plaintiff who was likely to rely on it. Taking action to conceal a fact also indicates scienter.

Gilles Tampers with the Odometer of a Car He Is