Under the UCC, if quantity is missing from an offer, what happens?

Under the UCC, if quantity is missing from an offer, what happens?

• A. No contract is formed
• B. A contract can be formed using gap-fillers
• C. The offeree must request a price
• D. The contract is voidable at the buyer's option

Answer: (B)

In the sale of goods under the UCC, missing terms don’t automatically prevent a contract from forming. The approach is more flexible than strict common-law rules: as long as the parties intend to contract, the missing term can be filled using gap-fillers provided by the UCC. For quantity, the open-term gap-fillers include arrangements like output contracts (the seller agrees to supply as much as it produces) or requirements contracts (the buyer agrees to purchase as much as it needs). The price term can also be supplied by a reasonable price at the time of delivery if not specified. So, even when an offer lacks a stated quantity, a contract can still form and be enforceable by filling in the missing term through these standard provisions, rather than requiring a rejection or making the agreement void.

In the sale of goods under the UCC, missing terms don’t automatically prevent a contract from forming. The approach is more flexible than strict common-law rules: as long as the parties intend to contract, the missing term can be filled using gap-fillers provided by the UCC. For quantity, the open-term gap-fillers include arrangements like output contracts (the seller agrees to supply as much as it produces) or requirements contracts (the buyer agrees to purchase as much as it needs). The price term can also be supplied by a reasonable price at the time of delivery if not specified. So, even when an offer lacks a stated quantity, a contract can still form and be enforceable by filling in the missing term through these standard provisions, rather than requiring a rejection or making the agreement void.