304. Fraud, misrepresentation and mistake.

The contract will be set aside if induced by fraud1 or material misrepresentation2; but if the purchaser has tested the accuracy of the vendor's statements he cannot avoid the contract3, and, even though induced by misrepresentation, a contract will not be set aside if the position of the parties has been so altered that they cannot be restored to their former position4. Furthermore, if the purchaser requires the vendor to complete he cannot then set up as a defence to a claim for specific performance a misrepresentation of the vendor of which he was aware at the time of