Questions 1 Is equity confined to the remedy of account when it rescinds a contract and seeks to restore each party to its pre-contractual position? Or does it have a power to award damages? (Cf Mahoney v Purnell [1996] 3 All ER 61.) 2 Is Dedham Vale a case about ‘equitable’ misrepresentation? Does it represent another exception to the ‘silence is no misrepresentation’ rule? MISTAKE (a) Introduction
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Art 1109 There is no valid consent if the consent has been given only by error, or if it has been extorted by duress (violence) or obtained by deceit (dol).

Art 1110 Error is a cause of nullity of the agreement only when it falls on the substance itself of the thing which is the object of the agreement.