814. Damage need not be proved.

814.     Damage need not be proved.

If the representee1 proves that he was misled by the misrepresentation into making the contract which he seeks to avoid, it is immaterial whether it has affected, or is likely to affect, his interests prejudicially or beneficially2. The representee is the sole judge; it is for him to elect whether, for reasons sufficient to himself, he will affirm, or rescind, the contract3.