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1. Agreement

A. Offer

(1) Offeror's serious intent to be bound

(2) Reasonably certain and definite terms

(3) Communication to Offeree(s)

B. Acceptance

(1) Offeree's serious intent to be bound

(2) Communication to Offeror

2. Consideration

3. Legal Capacity (of Offeror and Offeree)

4. Legal Purpose

5. Genuiness of Assent (No fraud, duress, undue influence, etc.)

6. Form (kinds of contracts requiring writting to be enforceable)

NOTE: Elements 3, 5, and 6, are most frequently raised in defense of a cause of action for breach of contract. Elements 3 and 5 would be at least impliedly proven in the process of proving elements 1 and 2. Element 6 would become an issue only if the proof of Element 1 or 2 proved a contract that must be in writing under the Statute of Frauds (or other statute requiring written agreements.

Element 4 probably is also most frequently raised as a defense, but if the illegal purpose is obvious, the court will dismiss the action on its own motion (i.e. even if the issue is not raised by one of the parties).