CONTRACT?

Is there an AGREEMENT between the parties?

Yes

No

Is the agreement CERTAIN in all material aspects?

Yes

No

No agreement, no contract

Do both parties have CAPACITY to form a contract?

Yes

No

Can the uncertain elements be severed from the contract?

Yes

No

Has there been CONSIDERATION or a substitute thereof?

Yes

No

No contract

Remainder of the contract is enforceable

No certainty, agreement is not binding, no contract

Did both parties have INTENTION TO ENTER LEGAL RELATIONS?

Yes

No No contract

Does the agreement COMPLY WITH FORMALITIES?

Yes

No

No contract

The parties have a legally binding contract

No contract