Mere silence on facts that may affect a person`s willingness to enter into a contract is not a scam, unless the circumstances of the case are such that, in view of those facts, it is the duty of the silent person to speak, or unless his silence is in itself synonymous with speech. The effect of unlawful influence renders an agreement questionable at the choice of the party whose agreement was obtained. Such a contract may be cancelled. Only one party may avoid the contract or terminate the contract. This right is not in the hands of the third party. Misrepresentation is referred to as a representation of an innocent error that prompts other parties to enter into the contract. Where both parties are confronted with a factual error essential to the agreement, such an error shall be described as a bilateral error. Contract law is limited to the application of voluntary civil obligations. Contract law is not able to deal with the whole range of agreements, many agreements remain out of scope because they do not meet the requirement of a contract. A contract is an agreement; an agreement is a promise and a promise is an accepted proposal. Therefore, any agreement is the result of a proposal on the one hand and its adoption on the other.
An agreement is considered a contract if it is enforceable by law. . . .