Some joint agreements, which can be considered as agreements, are heads of agreements or memoranda of understanding. The courts judge each case on the basis of its own facts. Morris illustrates the risks inherent in this approach and how saving time in the design phase can lead to costly litigation that can be extremely disruptive to a business, especially when it comes to the party that wants to defer to the end. It is important that the parties negotiating before a contract is concluded are very clear in their correspondence or in any documents that are signed or exchanged. The unequivocal and repeated statement that you do not want to be held to a later date until the execution of the formal document may prevent you from being bound to a contract prematurely or inadvertently. .