In a sale of goods with no definite quantity term, is there a contract if there is no conduct filling the gap?

• A. No, there is no contract because there is no quantity term.
• B. Yes, there is a contract for a reasonable quantity.
• C. Yes, the quantity can be determined by the market at delivery.
• D. No, because the contract requires a written amendment.

Answer: (A)

In a sale of goods, the amount to be sold is an essential term. The UCC allows some terms to be left open and even allows formation of a contract through conduct, but the quantity must be fixed or capable of being determined. If there is no definite quantity term and no conduct by the parties that would fill that gap, there is no contract because there is no agreement on how much is being bought or sold.

Here, there is no quantity term and no conduct filling it, so a contract does not exist. The other options rely on mechanisms (like an implied or open-ended framework such as an output or requirements contract, or a market-based determination, or a need for a written amendment) that do not apply in this scenario without the parties having some way to fix the quantity.