 Although this point has not yet been settled, "dolus incidens" probably gives a right only to damages, not to rescission of the contract; this is likely also to apply to an ‘incidental’ misrepresentation made without fraud.Whether the contract is set aside or upheld, the represent may claim damages for any financial loss that he has suffered as a result of the misrepresentation.It makes a difference, though, whether the misrepresentation was made fraudulently, negligently or innocently.