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In the tutorial, the speaker emphasizes the importance of confirming that the formation of a contract has been met, even if the facts clearly indicate this. They suggest quickly addressing the "statute of frauds" to demonstrate that it has been fulfilled, which could enhance the analysis. However, it is noted that the focus should not linger on confirming the validity of a written contract. The recommendation is to establish contract formation efficiently and transition directly to step four of the contracts approach, which will be covered in a subsequent video. The speaker aims to ensure clarity on this approach for the audience.