816. Rescission in regard to executed contracts.

It was formerly held that in certain circumstances the fact that the contract had been executed was a bar to its rescission1. However, since 22 April 19672, where a person has entered into a contract after a misrepresentation has been made to him, then, if otherwise he would be entitled to rescind the contract without alleging fraud, he is entitled to rescind, notwithstanding the misrepresentation has become a term of the contract or the contract has been performed