 Mistake presupposes an absence of consensus and renders the contract void "ab initio", whereas a contract induced by a misrepresentation is valid but voidable.Irrespective of whether the misrepresentation was made fraudulently, negligently or innocently, a party is entitled to "restitutio in integrum" if the misrepresentation

There are two recognised types of contract-inducing fraud, namely "dolus dans locum in contractui" and "dolus incidens in contractum".If, but for the fraud, the contract would not have been concluded at all, it is "dolus dans"; if there would still have been a contract, but on different terms, it is "dolus incidens".