The UCC permits a contract to be considered formed entirely by the parties' conduct even if no definite time of formation can be determined.

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The UCC recognizes the concept of a contract formed by conduct, also known as a "course of dealing," "course of performance," or "usage of trade." This means that the parties' actions and behavior can imply the existence of a contract even if they never explicitly agreed on specific terms or signed a written agreement. This is in contrast to the common law, which generally requires a definite offer, acceptance, and consideration to form a contract. So, even if there is no definite time of formation, the UCC can still recognize the existence of a contract based on the parties' conduct.

The UCC Permits a Contract to Be Considered Formed Entirely