To be proper consideration, a promise must be binding. It must impose a duty or create a duty.An unenforceable promise cannot be consideration. For example,if a coal company promises to sell to a factory at a specific price all the coal that the factory orders - and the factory agrees to pay the agreed price for any coal it orders - there is no contract (doesn't matter if it's in writing). The factory hasn't agreed to buy any coal. The promise of the factory is not consideration because it doesn't obligate the factory to do anything.This type of promise is called an illusory promise (one that looks like a binding promise, but is not.)