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

Is the agreement under seal?

Yes

No

No contract

Consideration is not required

Does the doctrine of promissory estoppel apply?

Yes

No

Consideration is not required

CONSIDERATION IS REQUIRED

Has the promisor nominated a consideration?

Yes

No

Is the consideration a detriment to the promisee?

Yes

No

No consideration

Hamer v Sidway (USA)

Is the nominated consideration illusory or unlawful?

Yes

No

No consideration

Uncle: not smoking is benefit. Nephew: not smoking is a detriment

Not good consideration

Is the nominated consideration a contractual duty owed by the promisee to the promisor?

Yes

No

Are there joint promisees?

Yes

No

Has one of the promisees died? Yes No Yes No

Yes

No

Has the promisee executed the nominated consideration?

Yes

No

Is there an additional benefit to the promisor in the promisee's performance of said existing contractual duty?

Not good consideration

Is the nominated consideration a public duty of the promisee?

Consideration moves to the remaining promisee

Has either promisee executed the nominated consideration?

Yes

No

CONSIDERATION has been executed

No consideration

Possibly good consideration

Does the promisee's performance of said existing contractual duty obviate a disbenefit?

Yes

No

Does the nominated consideration require that the promisee go beyond his duty?

Yes

No

Is the nominated consideration a contractual duty owed by the promisee to a third party?

Yes

No

Has the remaining promisee executed the nominated consideration?

Yes

No

CONSIDERATION has been executed

No consideration

Possibly good consideration

Did the promisee believe that he was excused from performance of said existing contractual duty?

Yes

No

Possibly good consideration

Is said public duty not enforceable?

Yes

No

Good consideration

Not good consideration

Consideration has been executed by the (remaining) promisee?

Consideration has not been executed by the remaining promisee

(Popiw v Popiw)

Possibly good consideration

Not good consideration

Possibly good consideration

Not good consideration