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Knowledge by the misrepresenting party that material facts have been falsely represented or omitted with an intent to deceive
Scienter (pronounced sy-en-ter)
A false statement of fact or an act made in good faith that deceives and causes harm or injury to another
Any manifestation through words or conduct that amounts to an untrue statement of fact made in circumstances in which a reasonable and prudent person would not have done (or failed to do) that which led to the misrepresentation. A representation made with an honest belief in its truth may still be negligent due to (1) a lack of reasonable care in ascertaining the facts, (2) the manner of expression, or (3) the absence of the skill or competence required by a particular business or profession.
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