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Specific intent means that ?a defendant must not only have consciously intended to take certain actions, but that he also consciously intended certain consequences.? Commonwealth v. Gunter, 427 Mass. 259, 269, 692 N.E.2d 515, 523 (1998).
A specific intent crime is a criminal act that is carried out with the intent to achieve an additional result. Burglary is a classic example of a specific intent crime. Burglary is the act of entering a structure with the intent of committing a theft or any felony.
Another form of misrepresentation in consumer fraud law is ?negligent misrepresentation.? This type of misrepresentation occurs when one party states a careless claim or has not enough evidence to believe that a statement is true.
Specific intent designates a special mental element that is above and beyond any mental state required with respect to the actus reus of the crime. [2] Specific intent is a term used to describe a state of mind that exists where a defendant objectively desired a specific result to follow his act.
Fraudulent misrepresentation is a tort claim, typically arising in the field of contract law, that occurs when a defendant makes a intentional or reckless misrepresentation of fact or opinion with the intention to coerce a party into action or inaction on the basis of that misrepresentation.
There are four different levels of intent that a person can have when committing an offense: purposefully, with knowledge that it is a crime; knowingly, with awareness that it is a crime; recklessly, with the purpose of causing a result/consequence with disregard for the consequences of committing the crime; or ...
In California, it is generally presumed that the defendant intended to perform an act which he or she has done. However, for crimes that require specific intent, that intent must be proven beyond a reasonable doubt.
How to Prove Misrepresentation A representation was made. The representation was false. The defendant knew at the time that the representation was false, or recklessly made the statement without knowledge of its truth. The representation was made with the intention that the plaintiff would rely on it.