(2) Misrepresentation & mistake = aside from circumstances that operate to vitiate the contract, and which necessarily establish defences to suits for specific performance, there are situations where courts will not rescind the contract, but will refuse to allow the plaintiff to compel performance, thus restricting the remedy to one of damages. Specific performance has also been refused in the case of a mistake that was not sufficiently serious to impair the validity of the contract, at least where there is an element of fault on the part of the plaintiff.
