Series on Fraud

People love to throw around the word "fraud" to describe anyone or any situation in which they got a raw deal. However, within the scope of the law in New Jersey, fraud has a series of very specific elements and is very difficult to prove. Also, it must be proven by clear and convincing evidence, a higher standard than a preponderance of the evidence. The elements of fraud are

(1) material misrepresentation of a presently existing or past fact;
(2) knowledge or belief by 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 harm.