Information

 

The agreement is made in writing

This factor is suggestive of an intention to be legally bound but is not conclusive on the matter. If the agreement is contained in informal documents, such as personal letters or informal notes, this factor will not weigh very heavily unless other factors combine with it.

But if the agreement is written in a more formal and legalistic document, it can be strongly argued, on this basis alone, that the parties want their agreement to be legally binding.