In New Jersey, in order to establish a claim under common law for legal fraud or misrepresentation, plaintiff must demonstrate five elements:
1. material misrepresentation of a presently existing or past fact;
2. knowledge or belief by the defendant of its falsity;
3. an intention that the other person rely on it;
4. reasonable reliance thereon by the other person; and
5. resulting damages.
Gennari v. Weichert Co. Realtors, 288 N.J. Super. 504, 535 (App. Div. 1996). A claim of fraud must be stated with particularity as to the time, place, contents, identity and results of the alleged fraud. See New Jersey Court Rule 4:5-8.
Our office is prepared to both bring an action against a party for fraud and defend a party against a claim of fraud.