141:, requiring no more than proof of injury, the animal's having a problematic trait, and the knowledge of the person in control about the trait in the animal. Strict liability means that there is no need to argue fault in the form of wilful intent or negligence on the part of the animal or its controller. The only defence is if it can be proved the plaintiff voluntarily assumed the risk of injury by their actions, or if the plaintiff was the cause of the injury.
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It is common to distinguish between harmless animals and wild animals, as no scienter is needed for wild animals. Animals are classed as wild or harmless on the basis of species or kind, not on the basis of being a tame individual. An elephant is considered wild regardless of its use. The scienter
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is not used in the text of the U.S. Code, although it appears once in a section title. This use reflects the development of
American law speaking plainly instead of employing Latin phrases of
288:, an 8–1 ruling of the Court defined the standard that the plaintiff had to meet to proceed with a securities fraud litigation. A complaint must show "cogent and compelling evidence" of
118:. If an animal is known to behave in a certain way and is expressed on a person causing injury, an action can be taken in this tort, which also is not available in
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For example, if a man sells a car with brakes that do not work to his friend, but the seller does not know about the brake problem, the seller then has no
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condition, requiring that the accused "knowingly conducts, controls, manages, supervises, directs, or owns" a prohibited type of business.
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Scienter is generally used as a necessary condition of certain causes of civil action and as a standard for civil liability or criminal
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jurisdictions that deals with the damage done by an animal directly to a human. It had a long history in
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To be successful, the plaintiff needs to take action against the person in control of the animal. It is
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of 1995 added the requirement that a plaintiff must plead facts giving rise to a "strong inference" of
63:. An offending party then has knowledge of the "wrongness" of an act or event prior to committing it.
182:, appearing as "knowingly", "actual knowledge", "known", "knowledge fairly implied", etc. The word
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in that one who keeps a wild thing "must keep it at his peril" to make reference to part of
Justice
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The concept of scienter is uniformly expressed in the text of the U.S. Code as the word
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issued a decision that clarified what was to be understood as a "strong inference." In
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in which it has not been extinguished by statute is in addition to the torts of
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under the 1995 law has been very controversial since its enactment. The
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254:, to prevail in a securities fraud claim under Section 10(b) of the
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in which the aggrieved party alleges some destruction of the
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Split Widens on
Scienter Pleading Standard Under the PSLRA
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167:. For instance, Section 1960 of Title 18 of the
284:Tellabs, Inc. v. Makor Issues & Rights, LTD
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16:In law, the intent or knowledge of wrongdoing
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216:, also known as mutual assent, because of
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267:Private Securities Litigation Reform Act
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246:Element of claim of securities fraud
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378:Cadwalader, Wickersham & Taft
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256:Securities Exchange Act of 1934
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98:until it was abolished by the
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399:United States securities law
124:Australian Capital Territory
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279:United States Supreme Court
114:or more bespoke torts like
82:Scienter action in tort law
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201:is also an element of the
145:action is referred to in
238:to a breach of contract
104:common law jurisdictions
234:can also be used as a
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214:meeting of the minds
148:Rylands v. Fletcher
102:. An action in the
210:breach of contract
169:United States Code
273:. The meaning of
222:misrepresentation
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139:strict liability
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41:/skiˈen.ter/,
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90:law in some
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359:§ 7706
344:§ 1960
171:provides a
159:General use
132:New Zealand
96:English law
43:, from
388:Categories
328:References
322:Relativism
224:or duress
108:negligence
92:common law
61:wrongdoing
419:Intention
317:Per minas
226:per minas
57:knowledge
37:knowingly
33:Law Latin
414:Lawsuits
409:Tort law
312:Mens rea
296:See also
290:scienter
275:scienter
271:scienter
260:scienter
232:Scienter
199:Scienter
184:scienter
173:scienter
112:nuisance
75:scienter
69:scienter
27:scienter
250:In the
240:lawsuit
236:defense
357:
342:
122:, the
53:intent
307:Fraud
218:fraud
165:guilt
49:scire
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45:Latin
35:for "
265:The
208:for
180:know
110:and
88:tort
130:or
59:of
55:or
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21:law
19:In
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