... an "acceptance", an unconditional assent to a definite offer.2 These two combine to create certainty that a contract has been formed, for, as in Scammell v Ouston (1941),3 "if an agreement is uncertain on some important issue...the courts will hold there is no contract."4 Following this, the elements of consideration and intent provide the contract's "body and substance"5 So, what is meant by "consideration" and "the intention to create legal relations"? English law usually requires proof that the parties have made a bargain, or agreement,6 this is known as the benefit and detriment test. (Currie v Misa (1875))7 or " a benefit to one party or a detriment to another."8 So, in practical terms consideration can be defined as what one party in an agreement is giving, or promising, in exchange for what is being given, or promised, by the other side. 9 This provides mutuality, making the contract ...

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