In a sale where S delivers a counterfeit bag to B, what is the buyer’s remedy?

• A. File an action for annulment of contract because S is guilty of causal fraud which vitiated B's consent.
• B. File an action for damages because S is guilty of dolo incidente.
• C. File an action for declaration of nullity because the subject matter is illegal.
• D. File an action for rescission of contract because it is intended to defraud creditor.

Answer: (B)

The key idea is distinguishing types of fraud in contracting and the remedies they trigger. When a seller deceitfully passes off a counterfeit item, the impact on the contract depends on whether the deceit actually vitiates the buyer’s consent or merely accompanies the transaction.

Dolo incidente refers to deceit that accompanies the contract but does not cause the consent to be invalid. In this situation, the contract can still stand, but the deceived party may seek redress for the harm caused by the fraud. That redress is damages—compensation for the losses arising from relying on the seller’s misrepresentation about the item’s authenticity.

If the deceit were the main reason the buyer entered into the contract (dolo causante), the remedy would be different, potentially affecting the validity of the contract itself. But with deceit classified as dolo incidente, the appropriate remedy is damages rather than annulment, nullity, or rescission. The other options don’t fit because nullity or rescission would require the deceit to have vitiated consent as the fundamental cause, the subject matter being illegal isn’t the scenario here, and the goal of damages is to compensate the buyer for the fraud rather than to void the contract.