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exploratory nature words like “dickering” are preliminary negotiations and don’t contribute as offer; neither do requests/inquiries for informationEX: Thus, if A writes B, "Would you rent your summer home for the month of June for $900?" and B replies, "Yes, I accept your offer," there is no contract. merchandise through mail may be treated as a gift to recipient3 basic characteristics(1) has to manifest an intent to contractevidence in industry, custom in previous transactions, evidence from conduct before/after alleged agreement wasmadepreliminary negotiations are not contracts Richard v Flowers (below)Advertisements are preliminary negotiationsUnless clearly stated limited quantity (EX:3 cars for $$ until Saturday while they last, or reward style advertisementsConsumer protection against fake advertisements Other evidence can be considered Leonard v PepsiCo (below)Auctions“with reserve” Put item up shows a willingness to consider offers (ensuing bid isan offer), not binding, free to withdraw, no contract until acceptedwithout reserve: first bid is binding contract on seller unless higher bid(2) reasonable definite indication of what the offerorand the offeree are to do- have enough info to it, agreement of major points this is relative, not absolute UCC is forgiving of this idea, or allows it to be determined later Court has to find the parties intended to make a binding contract andthe agreement and circumstances give the court a reasonably certain basis for grantingan appropriate remedy gap fillers (page 311)UCC’s Open price provisions- if price isn’t the most important it doesn’t have to be decided uponUCC’s open time provisions- “reasonable time” was decided upon