One Element of Fraud or Intentional Misrepresentation Is Scienter

question 193

Multiple Choice

One element of fraud or intentional misrepresentation is scienter. That means:

• A) false information about an important fact was passed on
• B) the defendant knew there was false information being passed on
• C) the defendant wanted the plaintiff to believe the falsehood
• D) there was a relationship between the parties that created a legal obligation
• E) the extent of damages caused

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Definitions:

Federal Trademark Dilution Act

A United States law that aims to protect famous trademarks from uses that dilute their distinctiveness, even without showing confusion or competition.

Madrid Protocol

An international treaty designed to simplify the process of applying for trademark protection in multiple countries through a single application.

Exclusive Territorial Distributorship

A business agreement granting one distributor the sole rights to sell a product or service within a specified geographic area.

Requirement Contracts

Contracts in which a buyer agrees to purchase a specific quantity of goods or services from a seller over a set period, often with agreed-upon terms and prices.