In this matter the general conclusion follows from a single
instance. For the moment it is admitted that in one case
knowledge of a present fact, such as the other party's intent to
act on the false statement, dispenses with proof of an intent to
induce him to act upon it, it is admitted that the lesser element
is all that is necessary in the larger compound. For intent
embraces knowledge sufficing for foresight, as has been shown.
Hence, when you prove intent you prove knowledge, and intent may
often [134] be the easier to prove of the two. But when you prove
knowledge you do not prove intent.
It may be said, however, that intent is implied or presumed in
such a case as has been supposed. But this is only helping out a
false theory by a fiction. It is very much like saying that a
consideration is presumed for an instrument under seal; which is
merely a way of reconciling the formal theory that all contracts
must have a consideration with the manifest fact that sealed
instruments do not require one. Whenever it is said that a
certain thing is essential to liability, but that it is
conclusively presumed from something else, there is always ground
for suspicion that the essential clement is to be found in that
something else, and not in what is said to be presumed from it.
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