In matters where intentional misrepresentation induces a contract. The misrepresentee is entitled to cancel or uphold the contract. Where the contract is upheld, a distinction is made between dolus dans and dolus incidens. Which one of the following statements correctly defines dolus incidens?

1.

A case where there would have been no contract without misrepresentation.

2.

A case where there would still have been a contract but on different terms.

3.

A case where there would have been more than one contract.

4.

A case where the misrepresentee must be placed in the position he or she would have been before concluding the contract.