Has an enforceable contract been formed? If not, why not? Is this a written contract or an oral contract?
- Scenario: Joe wants to do some radio advertising for his acupuncture and tax preparation business. Joe talks on the phone to a sales representative from WTOP. After several discussions, they agree to a slate of radio spots to air on specific dates for a set price. No written contract is signed but Joe sends the representative an email that says “Let’s move forward with this 8-week run at $9600.” [PS: This is an actual case (with names changed) discussed on “Solosez,” the ABA listserv for solo attorneys.]
Your questions: Has an enforceable contract been formed? If not, why not? Is this a written contract or an oral contract? Does Article 2 of the UCC apply to this situation?