ABSTRACT
In the previous chapter, the factors which lead a court to conclude that there is suffi cient ‘agreement’ for there to be a binding contract were discussed. In this chapter the focus is on the question of whether all agreements that meet the requirements set out in that chapter will be treated as legally binding. The answer is ‘no’ – agreement is a necessary but not suffi cient condition for a binding legal agreement. The English courts have developed other tests to assess the enforceability of agreements. The principal one is the requirement of ‘consideration’, and analysis of this doctrine will form the bulk of this chapter.
