Bar Exam Uniform Quiz
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A prospective car buyer asked a used car salesman about a specific convertible on the lot. "Has it ever been in an accident?" the buyer asked. The salesman, who had just taken the car on trade-in and had not reviewed its history, replied, "Absolutely not. This car is clean as a whistle." The salesman had no factual basis for this statement but made it to close the sale. In fact, the car had been in a major collision and was improperly repaired. The buyer purchased the car and later discovered its history when the frame began to show signs of structural fatigue.
If the buyer sues the salesman for fraudulent misrepresentation, will the buyer likely prevail on the element of scienter? Select one.
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