In a sale of goods contract involving a counterfeit item, which remedy is most appropriate?

• A. Annulment of contract due to causal fraud
• B. Damages due to dolo incidente
• C. Declaration of nullity due to illegality
• D. Rescission to defraud creditors

Answer: (B)

In contract law, fraud can be categorized by whether it induces the contract (dolo causante) or accompanies the performance as a side issue (dolo incidente). If the deceit is incidental to the contract—such as misrepresenting that a sale item is genuine but not the reason you entered into the deal—the contract can still stand, and the injured party is typically entitled to damages for the deceit. That’s why damages for dolo incidente is the best fit here: the counterfeit nature of the item is deceit, but it does not necessarily void the contract itself; it just opens a remedy to compensate for the harm caused.

If the fraud had been the decisive reason the buyer entered into the contract, annulment or rescission could be appropriate, but that’s not the scenario described. The other options—nullity due to illegality or remedies aimed at defrauding creditors—don’t align with the situation of a counterfeit sale where the contract remains valid but damages are available for the deceptive act.