Where parties to the c agree to make it in writing . Thies means both parties agree prior to entering into a contract, This applies to any type of contract , although the law usually does not stipulate that ; however if the parties do agree to make a written contract then must be made as such and if it is not , in case of doubt , the law deems that no particular agreement exists-such an agreement then can not be enforced ( Excerpted fro The Legal Forms, 1988 )