In Tonelli v. Khanna, 238 N.J. Super. 121, 128, 569 A.2d 282 (App.Div.), certif. denied, 121 N.J. 657, 583 A.2d 344 (1990)the Court recognized that a narrow exception exists to the general rule precluding the use of battery when consent to operate is obtained. The Court observed that "if consent was obtained by the use of fraud or misrepresentation, an act for battery may be appropriate." Ibid. In Tonelli, supra, we stated that a deceit based claim is established in the following way. In order to prove that defendant fraudulently induced plaintiff to undergo surgery, plaintiff must have proved that: (1) defendant made a material misrepresentation of a presently existing or past fact; (2) with knowledge of its falsity; (3) with the intent that plaintiff would rely thereon; (4) resulting in reasonable reliance; (5) to the plaintiff's detriment. 238 N.J. Super. at 129, 569 A.2d 282.