Where the existence of an agreement is contested in a breach of contract action, the plaintiff must show, among other things, an offer was made by proving:
- The plaintiff communicated to the defendant that he was willing to enter into a contract with the defendant;
- The communication contained specific terms; &
- Based on the communication, the defendant could have reasonably concluded that a contract with these terms would result if they accepted the offer.
Without proof of each of these facts, a contract was not formed and the plaintiff’s claim fails.