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Jack R.
Jack R., Attorney
Category: Legal
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Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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Does NJ Bergen County courts operate unde the common law principals

Resolved Question:

Does NJ Bergen County courts operate unde the common law principals or civil law proncipals?

What difference does it make in suing for negligent misrepresentation and breach of fudutiary duties? I understand that common law is do no harm kind of staff, but in this context is there any elements that i need to prove differ if its under the common law vs civil law jurisdication?
Submitted: 1 year ago.
Category: Legal
Expert:  Jack R. replied 1 year ago.

Thank you for using JustAnswer.

 

NJ as a state follows the Common Law. Like all states much of the common law has been codified. The elements you need to prove can typically be found in case law if not within the specific statute itself.

 

The Common law is developed based on case law. The law itself is described by judges over time through decisions. Over time these decisions become the foundation of how a particular matter is decided and are referenced by subsequent court cases. Some of the common law dates back to before the United States existed.

 

 

 

Only Louisiana follows the civil law.

Customer: replied 1 year ago.


So would the cases in the other states be the grounds for the cases in NJ? If somebody says in the case:


 


http://scholar.google.com/scholar_case?case=2935015477674161320&q=realtor+negligent+misrepresentation&hl=en&as_sdt=8006


 


it states that defendants contended:


5 Defendants' third contention is that the plaintiffs failed to allege any intention to deceive. While we agree that plaintiffs' allegations as to scienter are less than ideal, in light of the fact that allegations are only required to inform the defendants of the nature of the claim (Ill. Rev. Stat. 1979, ch. 110, par. 42(2)), we conclude that the contention that the defendants acted intentionally and with reckless disregard of the truth is sufficient. A party is considered to intend the necessary consequences of his own acts. (Posner v. Davis (1979), 76 Ill. App.3d 638, 395 N.E.2d 133.) Accordingly, one who knowingly makes a false statement to another who relies thereon is guilty of fraud regardless of the defendant's motive and the plaintiff is not required to prove an express fraudulent intent. (Case v. Ayers (1872), 65 Ill. 142; Broberg v. Mann (1965), 66 Ill. App.2d 134, 213 N.E.2d 89; John V. Farrell Co. v. Nathanson (1900), 99 Ill. App. 185.) And knowledge of wrongdoing sufficient to support an action for fraud exists where representations which are in fact false are made in reckless disregard of their truth or falsity. (Hurley v. Frontier Ford Motors, Inc. (1973), 12 Ill. App.3d 905, 299 N.E.2d 387, appeal denied (1973), 54 Ill.2d 597; Solazzi v. Casola (1952), 345 Ill. App. 407, 103 N.E.2d 164 (abstract); Tone v. Halsey, Stuart & Co., Inc. (1936), 286 Ill. App. 169, 3 N.E.2d 142; Snively v. Meixsell (1901), 97 Ill. App. 365.) Likewise statements made in culpable ignorance of their truth or falsity are fraudulent. (Oltmer v. Zamora (1981), 94 Ill. App.3d 651, 418 N.E.2d 506.) Indeed, it has been held that good faith is no defense where the fraud and deceit practiced consist, as here, of making false statements of fact as to the knowledge of the speaker. (Brennan v. Persselli (1932), 266 Ill. App. 441, aff'd (1933), 353 Ill. 630, 187 N.E. 820; National Bank v. Hamilton (1916), 202 Ill. App. 516.) As the Illinois Supreme Court remarked in Brennan v. Persselli (1933), 353 Ill. 630, 635, 187 N.E. 820, 822: "it is immaterial whether a party misrepresenting a material fact knows it to be false or makes the assertion of the fact without knowing it to be true, for the affirmation of what one does not know to be true is unjustifiable, and if another act upon the faith of it, he who induced the action must suffer, and not the other."


 


I am suing my RE agetn for negligent misrepresentation - they stated to me that the tenants who they recomneded are good from income and credit verification - and yet they duid not verify niether. They wanted me to rent to the tenants to make their 1 month rent fee. I did solely based on their material fact misrepresentation and i want to insert that in my compkaint - do you think it applies? Its from Illinoise?


 

Expert:  Jack R. replied 1 year ago.

No, NJ case law also has many cases on negligent representation. The elements of negligent misrepresentation are probably the same in all states. Referencing them in a document or in a NJ proceeding is improper. A NJ court is not bound by any out of state decisions.

 

Here is what one NJ case states

 

To establish their claim sounding in negligent misrepresentation, plaintiffs must prove that an incorrect statement was negligently made and justifiably relied upon to recover damages for economic loss or injury sustained as a consequence of that reliance.  H. Rosenblum, Inc. v. Adler, 93 N.J. 324, 334, 461 A.2d 138 (1983).

 

See: http://caselaw.findlaw.com/nj-superior-court/1432088.html for the full case.

 

 

Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
Jack R. and 14 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank you. So i am filing a NJ case in Bergen county agasint my RE broker who i hired to rent my property and he verbally game me a pitch that he will do credit check, income verification and find me suitable tenetns. He did not do that but stated to me that he did and as a result i rented it to the tentns who turned out to be drug cartel diealers and my prioperty was destroyed.


 


i have 5 casues of actions and i am thinking that all of them are based on convincing the judge taht my RE agent had a contractual obligation (even not outlined as written in the contract) but promissed verbally. I'd like if possible to get your take on what potential elements that i need to proof to suport my claims for each cause of action. negligence, breach of contract, breach of fuditiary duty, negligent misrepresentation. breach of New Jersey Consumer Fraud Act.





1.for negligent misrepresentation i was able to develop this:




Fraud must be proved by showing that the defendant's actions involved five separate elements:

(1) a false statement of a material fact, THAT SHE VERIFIED THE EMPLOYMENT OF MY TENENTS (SHE DID NOT - SHE ONLY REQUESTED THE COPIES OF PAYSTUBS BUT NEVER VERIFIED THE EMPLOPYMENT AND THOSE PAY STUBS WERE FAKE AND I CALLED A COMPANY where it stated they worked AND IT TURNED OUT TO BE THE SINGLE MEMEBER LLV WIHT ADDRESS IN RESIDENTIAL AREa and nobody called them or even contacted them) AND THAT SHE VERIFIED THE CREDIT of all 3 tenants ona lease (and SHE ONLY DID IT FOR ONE TENENT and did not perform it for otheres, or did and concealed it)

(2) knowledge on the part of the defendant that the statement is untrue, SHE CLEARLY DIDN'T CONTACT THE EMPLOYER AS THE EMPLOYER CONFIRMED TO ME AND HE CONFIRMED HE NEVER HEARD OF A TENETNS OR A RE OFFICER CALLING TO VERIFY THE INFO. sHE DID NOT RAN THE CREDIT REPORT ON ALL TENETNS AS SHE TOLD ME

(3) intent on the part of the defendant to deceive the alleged victim, SHE, THE RE AGENT INTENDED FOR ME TO RELY ON HER STATEMENT THAT SHE DID CHECK THEIR EMPLOYMENT AND CREDIT IN ORDER TO CONVINCE ME TO ACCEPT THE TENANTS (SHE TOOK THE FIRST TENANTS THAT APPLIED FOR TENANCY)


(4) justifiable reliance by the alleged victim on the statement, and

I JUSTIFIABLY RELIED ON HER STATEMENT BECAUSE I THOUGHT IT TO BE A TRUTHFUL STATEMENTS. I ACCEPTED THEM SOLELY ON HER STATMENTS THAT QUOTE "THEY WILL BE FABULOUS TENATNS FOR YOU, sERGEY, THEY ARE ACCOUNTS I VERIFIED IT AND THEY MAKE GOOD MONEY TO SUPPORT THE RENT WORKING FOR A COMPANY NEARBY IN THE STATE, AND THEY ARE SYSTERS AND THEIR CREDIT SCORE IS GOOD"

(5) injury to the alleged victim as a result.

THAT I WES INJURED BY THE FRAUDULENT REPRESENTATIONS OF THE TENANT BEING EMPLOYED OR I WOULD NOT HAVE RENTED TO THEM AND I WAS DAMAGED BY THE TENANTS NOT PAYING RENT FOR 3 MONHTS AND/OR BEING ABLE TO BECAUSE THEY WERE UNEMPLOYED.





I ASLO HAD LOSES OF 10 K BECYUASE THE POLICE BROKE INTO A HOUSE ARRESTED THE TENANTS, AND WHN I CAME AFTEWARDS I SAW THAT THE 3 DOORS WERE DESTROYED, I HAD TO REPAINT THE WALS AND REDO THE FLOORS -


Question: does that look reasonable and logical?




Am i entited to punitive damamges and how can i calcualte it? I could not sleep for 4 nights, lost 2 days at work to clear it out and install new doors, had to ask doctors for help to lower my bloodf pressure as i was nervous, my neighbours hate me and dont want to talk to me and wants em out of the neighborhood) all the police investigations and questionionings, etc.??







Expert:  Jack R. replied 1 year ago.

First of all you need to understand that fraud requires knowledge on the part of the person committing the fraud. In other words you need to proved she KNEW she was making a wrong statement You cannot prove she did not follow up as a basis for fraud. Her failure to follow up is considered negligence. You have a case for fraud against the parties making the false statements. All you know is she did not provide the correct statement. Her reliance on a falsified document may be sufficient to defeat your fraud claim. You will see that an element of fraud is scienter or knowledge.You have a case for fraud against the parties making the false statements. ( see item 2 in your response)

 

Negligent misrepresentation is where someone did not do their job properly causing foreseeable harm to a foreseeable plaintiff.. Fraud and negligent misrepresentation are different.

 

The elements of negligent representation:

 

plaintiffs must prove that

1) an incorrect statement was negligently made

2) defendant justifiably relied upon the representation

3) as a result of the negligent misrepresentation defendant suffered damages for economic loss or injury sustained as a consequence of that reliance.

 

it would also help your case if you can show the defendant was aware of the potential harm from failing to perform her job properly (foreseeable harm).

 

 

Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
Jack R. and 14 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


So its seems like the negligent representation is a case i can claim correct?


1. She knew she had to verify the employment and credit fior all tenants (not simply get thecopies that were forged but VERIFY). Becuase she promissed that to me, becuase its a normal practice in the sate (i will have a witness to testify) the fact that she started that by runnig a credit for one tenent and requested copies of finacial statemetns also suport that.


2. She told me - made a negligent statement that the tenants are accountants, working in the company XYZ make good amount of money and their credit is good. (although she never verified it as was confirmed by me by the ownoer and only verified one credit reprot for one tetnens) and


 


3. i relied on that.


 


Does that sound reasonable and convincing?


can i ask for punitive damages in this case?


how much and wahts the rule fo thumb?

Expert:  Jack R. replied 1 year ago.

Address the elements SPECIFICALLY

 

1) An incorrect statement was negligently made

What was the incorrect statement made;

  1. did she have a duty to make the statement;
  2. how was that duty breached

2) defendant justifiably relied upon the representation (your comments above are fine)

 

3) as a result of the negligent misrepresentation defendant suffered damages for economic loss or injury sustained as a consequence of that reliance.

 

What was the harm cost be specific in terms of dollar amounts, property damage etc.

 

In a suit for negligence punitive damage are not available.

 

Customer: replied 1 year ago.


so when she4 told me that the tenats are suitable and that she knows that they are making good money and their credit is good. Is that a negligent misrepresentation (she know that is not the case, she did not verify that) she was just speculating wiht the goal to make me execute teh lease.
she was required under our conjtract for RE representation that we executed.


 


So is it negligent misrepresenation or nergligence?

Expert:  Jack R. replied 1 year ago.

Negligence is when someone has a duty to perform and breaches that duty negligence is part of negligent misrepresentation.

 

That is the negligent statement was made for you complaint ; Individual (She) identified tenants as suitable with good credit and income she had a duty to investigate and determine the suitability of the tenant. She breached that duty by failing to competently investigate the tenant background as tenants had neither a good credit history nor suitable earnings. .

 

You need to include the remaining elements form above.

 

Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
Jack R. and 14 other Legal Specialists are ready to help you

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