Which of the following must be proven to support a fraud claim based on Scienter?

To support a fraud claim based on scienter, it is essential to establish the intent to deceive. Scienter refers to the knowledge of the misleading nature of one's statements or actions and encompasses a malicious intent to deceive or defraud another party.

In the context of fraud, the party making a false representation must not only have made an untrue statement or concealment but must have also acted with intent to mislead the other party. This intent is crucial because it differentiates fraud from mere negligence or honest mistake. Therefore, demonstrating that the defendant acted with intent to deceive is foundational for proving fraud, making this the correct answer.

The other options do not relate directly to the necessity of establishing scienter in a fraud claim. Absence of diligence refers to a lack of care or attention, which may not necessarily indicate a fraudulent motive. Inability to enforce a contract pertains to legal enforceability, not the deceptive intent of the parties involved. Falseness in contract terms can indicate misrepresentation, but without proving the intent to deceive, it does not establish a complete fraud claim. Hence, intent to deceive is the critical element in a fraud claim based on scienter.