One of the mysteries of the English language finally explained.
The fact of an act having been done knowingly, especially as grounds for civil damages.as modifier ‘scienter liability’
- ‘It's one thing to require scienter and premeditation.’
- ‘The Animals Act 1971 abolished the scienter action and replaced it with a statutory code of strict liability.’
- ‘Rather, it is based on the scienter and conduct of the second party, the ‘contributing’ infringer.’
- ‘In the aftermath of Smith, courts have determined the constitutionality of such obscenity legislation on the basis that such laws ‘must, either expressly or impliedly, require scienter.’’
- ‘The whole point of section 2 of the 1971 Act, which replaced the old scienter action, was to impose a stricter liability upon those who knew that the animal they had possessed characteristics which other such animals did not have.’
Latin, from scire know.
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