When Steve convinces Tom to buy a pre-owned car from him while withholding the fact that the car has a significant mechanical problem, it indicates _____.
A) undue influence
B) duress
C) unintentional tort
D) scienter

Question

Quizplus · Accepted Answer

Intent to deceive or the mental state of the defendant is referred to as scienter. 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. The defendant's motivation is irrelevant.

When Steve Convinces Tom to Buy a Pre-Owned Car from Him