832. Court's power to grant damages in lieu of rescission for non-fraudulent misrepresentation.

Where a person has entered into a contract after a misrepresentation has been made to him otherwise than fraudulently1, and he would be entitled, by reason of the misrepresentation, to rescind the contract2, then if it is claimed, in any proceedings arising out of the contract, that the contract ought to be or has been rescinded, the court