• Necessity for consideration: Every simple contract must be supported by consideration; otherwise, it is void.
• Legality of consideration: The consideration must be legal, i.e., not some illegal act like paying someone to commit a crime.
• Consideration must move from the promisee: A person seeking to enforce a simple contract in court must prove that they themselves have given consideration in return for the promise they are seeking to enforce.
• Consideration must be something beyond the promisee’s existing obligations to the promisor: The promisee must have undertaken to do something for the person whose promise they are seeking to enforce, beyond what they were already bound to do.
• Consideration must be real: It must not be vague, indefinite, or illusory.
• Consideration must not be past: A promise made in return for some past service is unenforceable.
• Payment of a smaller sum will not discharge a liability to pay a larger sum (the rule in Foakes v Beer [1884]): If A owes B $100 and B agrees to accept $50 in complete discharge of the debt, B can still sue for the remaining $50 later.

[Any 5 points at 2 marks each for a total of 10 marks]