Curtis owns an orchard in regional NSW. On 22 May 2021 he receives a printed form dated 20 May sent by Jeremy, who owns a small local fruit juice cannery. The form includes a section headed ‘Description of Terms’ which had been filled in by Jeremy as follows:
100 cases holding 500 Valencia oranges per case to be delivered on first day of each month for 4 months, commencing July 2021.
In the section headed ‘purchase price’ Jeremy had written ‘please advise.’ Other relevant details on the form had been filled in by Jeremy.
Curtis emails Jeremy the next day and says ‘I accept your offer of 20 May. The price is $200 per case.’ Jeremy reads the email on 23 May and immediately replies by email, stating ‘Great, but I would like the oranges delivered twice a month, half on the first of the month, and half on the 15th of the month.’
Curtis replies ‘That should be fine, but I will let you know by the end of the month.’ Jeremy tells his business manager that he has sourced some cheap oranges for the next four months.
On 25 May Jeremy gets a letter from Delicious Citrus Fruit Growers Pty Ltd offering to supply Jeremy’s cannery with oranges for $180 per case. On 28 May, after some discussion with Delicious Citrus over the phone, Jeremy decides to accept their offer and he emails Curtis and writes ‘I regret to inform you that I will not be purchasing your oranges.’
On Curtis reads the email and immediately rings Jeremy saying ‘I was just about to let you know I could deliver the oranges twice monthly as you requested. You promised to give me a couple of days and you can’t just change your mind.’
Is there an agreement between Curtis and Jeremy?
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