Jeff was shopping for a good used car. He met Seth, the salesperson, and asked Seth many questions about the car. Seth told Jeff
that the car Jeff was asking about had very low mileage and that he knew that himself since he had processed the sale of the car from the former owner. In reality, Seth had personally set back the odometer in the car. What kind of scienter did Seth have
Intent to deceive reflects The purpose to defraud or to deceive others. This requires a clear desire to exploit others, either to cause financial harm to others or to bring financial gain to one's self.
Seth the salesperson had personally set back the odometer in the car as to deceive Jeff. This is a clear scienter of an intent to deceive.
The type of Scienter Seth has is intent to deceive
Explanation:
Scienter is the a kind of mental function or state which encourages a person to manipulate, defraud or have an intent to deceive. It also involves the act of having a guilty or evil knowledge.
If the action is not performed with an innocent reason, or it is not performed by mistake, or if the action is perfomed intentionally or on purpose, or even with full knowledge, then we'll say a scienter has taken place.
The scienter Seth has here is the intent to deceive. His act of him making a false claim that the car has a low mileage, knowing fully well his statement his claim is false and untrue means Seth has an intent to deceive.
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