813. Proof of fraud unnecessary.

(2)     The Claim for Rescission

(i)     Conditions of the Right to Rescind

813.     Proof of fraud unnecessary.

A contract or transaction induced by misrepresentation may be set aside, whether the representation was fraudulent or innocent1 and notwithstanding that the misrepresentation has become a term of the contract or the contract has been performed2. This being so, fraud should not be charged when it cannot be proved, nor conduct be described as fraudulent when it cannot be maintained to have been dishonest3; and unnecessary and unproved allegations of fraud in any such proceedings