Mayker,Inc.and Oylco contracted to have Oylco be the exclusive provider of Mayker's fuel oil for three months.The stated price was subject to increases of up to a total of 10% if the market price increased.The market price rose 25% and Mayker tripled its normal order.Oylco seeks to avoid performance.Oylco's best argument in support of its position is that:
A)There was no meeting of the minds.
B)The contract was unconscionable.
C)The quantity was not definite and certain enough.
D)Mayker ordered amounts of oil unreasonably greater than its normal requirements.

Question

Quizplus · Accepted Answer

According to the Code,no quantity can be demanded or taken that is unreasonably disproportionate to any stated estimate in the contract or to "normal" prior output or requirements if no estimate is stated.