If Joe were to introduce himself as Dr. Early to sell to Gensol, knowing that people would assume that he was a medical doctor, but never tell anyone that he was, would contracts entered into be considered to be fraudulent?
A. Probably not because there is no statement of a material fact since he did not say he was a medical doctor.
B. Probably not because he would have scienter.
C. Probably since he is giving his opinions of the merits of Gensol.
D. Probably because he would have scienter.