CONTRACT?

Is there an AGREEMENT between the parties?

Yes

No

Is the agreement CERTAIN in all material aspects?

Yes

No

Do both parties have CAPACITY to form a contract?

Yes

No

Has there been CONSIDERATION or a substitute thereof?

Yes

No

Did both parties have INTENTION TO ENTER LEGAL RELATIONS?

Yes

No

Does the agreement COMPLY WITH FORMALITIES?

Yes

No

Contract for LAND or GUARANTEE?

Yes

No No contract

In writing?

Yes

No

Consumer contract?

Yes

No

On paper?

Yes

No

Signed by party against whom action is brought?

Yes

No Not compliant

In writing?

Yes

No

No formalities required

In writing

Electronically?

Yes

No

Signed by party himself?

Yes

No

Contract contains material terms?

Yes

No Not compliant On paper? Yes No Signed by party against whom action is brought? Yes No Not compliant

Consent given by party to whom consent must given that electronic form is acceptable?

Yes

No

Not compliant

Signed

Signed by authorised agent of party against whom action is brought?

Yes

No

Identity?

Yes

No

Compliant with formalities

Not compliant

In writing

Electronically?

Yes

No

Signed by party himself?

Yes

No

Contract contains material terms?

Yes

No

Not compliant

In writing

Not in writing

Signed

Not signed

Subject matter?

Yes

No

Does not contain material terms

Consent given by party to whom consent must given that electronic form is acceptable?

Yes

No

Not compliant

Signed

Signed by authorised agent of party against whom action is brought?

Yes

No

Identity?

Yes

No

Copy provided to consumer?

Yes

No Not compliant

Consideration?

Yes

No

Does not contain material terms

In writing

Not in writing

Signed

Not signed

Subject matter?

Yes

No

Does not contain material terms

Compliant with formalities

Not compliant

Contains material terms

Does not contain material terms

Consideration?

Yes

No

Does not contain material terms

Contains material terms

Does not contain material terms