UCC § 2-204
Formation in General
(1) A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract. (2) An agreement sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined. (3) Even though one or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy.
Professor's notes
Elements: (1) a contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties; (2) an agreement sufficient to constitute a contract for sale may be found even if the moment of its making is undetermined; (3) even though one or more terms are left open, a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy.
This is the UCC's permissive formation rule: formation by conduct (subsection 1), open-moment formation (2), and gap-filling for missing terms (3, paired with §§ 2-305, 2-308, 2-309).
Common misunderstanding: students compare § 2-204 to R2d § 33 and assume they say the same thing. They do not. § 2-204(3) tilts the presumption toward formation; § 33 tilts against. The UCC chose commerce over strictness: a takanah responding to the common law's brittleness.
Text
UCC § 2-204. Formation in General.
(1) A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract.
(2) An agreement sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined.
(3) Even though one or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy.
Source: UCC Article 2 (post-2022 amendments), as in the LawJ statutory corpus.