Which of the following statements is NOT correct in respect to determining when an agreement is a contract? January 1, 2023 by admin It is generally not necessary that a contract be in writing to be enforceable. The courts are not concerned with the intention of the parties as it is a private matter. Sometimes the law implies the existence of a valid contract. The parties in an agreement do not always intend to create legal relations. See Answer The courts are not concerned with the intention of the parties as it is a private matter.