Also known as: sciens · knowingly · with knowledge
Written by attorneys · grounded in primary & secondary sources — see below
A culpable mental state consisting of knowledge or awareness of facts or circumstances that renders a person legally responsible for an act or omission.
Spencer Silver ordered a package he knew contained unregistered firearms. When officers discovered the shipment, the prosecution established scienter because Silver had been aware of the contents for weeks and had arranged delivery to his address. The knowledge element satisfied the mental-state requirement for the offense.
Stephen Shaw learned confidential details from a prospective client and later joined a firm. The firm then knowingly accepted representation adverse to that prospective client in the same matter. Scienter was shown by the firm's awareness of the prior contact, triggering disqualification of the entire firm.
Select any source to read its text and confirm it supports the definition.
Sydney Santos inspected a shipment of custom machinery and noticed the wrong specifications before signing the acceptance form. After using the machines for two weeks, Santos attempted revocation. Because Santos had accepted the goods with knowledge of the nonconformity, revocation was barred.
Sasha Stone, a warehouse supervisor, logged daily inventory counts into the company's regular ledger at the close of each shift. When the records were offered at trial, the court admitted them because Stone had personal knowledge of the counts and made the entries near the time of observation.
Sebastian Santos repeatedly delivered slightly oversized widgets to Sterling Dynamics over six months. Sterling's receiving department measured the widgets, noted the deviation, and continued to accept and pay for them without protest. The accepted course of performance with knowledge of the variation guided interpretation of the contract.
Skylar Sullivan purchased a warehouse and discovered that the prior owner had erected a fence that encroached on neighboring land. Sullivan left the fence in place for three years. Because Sullivan acquired the property with knowledge of the tortious placement and failed to remove the structure, liability for trespass arose.
Scienter requires knowledge of falsity or reckless disregard for the truth. Negligence is merely a failure to exercise reasonable care in ascertaining the truth. Courts hold that negligent misrepresentations do not satisfy the scienter element needed for intentional fraud or deceit.
Supporting sources
No. The Model Penal Code requires that a person act purposely, knowingly, recklessly, or negligently with respect to each material element, but the specific mental state is determined by the statute defining the offense. Some offenses may be strict liability and dispense with any scienter requirement.
Supporting sources
Yes. In the context of Rule 10b-5, scienter is defined as a mental state embracing intent to deceive, manipulate, or defraud. Proof of mere negligence is insufficient. The plaintiff must show the defendant acted with knowledge or reckless disregard of the falsity.
Supporting sources
Revocation is barred if the buyer accepted the goods with knowledge of the nonconformity, unless the acceptance was made on the reasonable assumption that the nonconformity would be seasonably cured. Knowledge at the time of acceptance prevents later revocation on that ground.
Supporting sources
…dissent. Footnotes [^maj-1]: "Article 1191. Abortion "If any person shall designedly administer to a pregnant woman or knowingly procure to be administered with her consent any drug or medicine, or shall use towards her any violence or means whatever externally or internally applied, and thereby procure an abortion,…