The other factor that the Tribunal will consider is whether the agreement contained the main terms of the contract. If all the essential conditions have been agreed and only the small details have to be judged later, the court will instead find that the agreement is binding. A few weeks after attempting to exit the settlement, Mr. Lumsden sent the accused`s lawyer a recording of a hospital visit he had made a week before the resolution of the complaint was approved. The recording showed that Mr Lumsden self-checked in at the hospital and complained that he was suffering from anxiety. There is no recourse for non-performance of a contract if the contract to be performed has never been reduced to written form.