If the agreement is not in writing, all other elements of a valid contract must still be fulfilled. To be a legally valid contract, an agreement must have the following five characteristics: otherwise, what was legally binding can be annulled and cancelled from the outset: it was never made by law. The way to do that is repeal. Whenever possible, it is better to write a contract. If the parties disagree or disagree on the contractual terms, it is up to a court to decide on the meaning of those terms. The court will then have to examine how the services, promises and exchanges were made in order to identify the intentions of the parties. .