#1 Cycle Tours is in the business of providing guided mountain biking tours of Myra Canyon. It depends on other companies to provide bikes for the customers and they rent a fleet of new bikes each summer. In January 2021, #1 Cycle Tours approached Fresh Air Bikes to reach an agreement for the 2021 season which begins in April. #1 Cycle and Fresh Air Bikes had reached an agreement during the past 2 years in 2019 and 2020. #1 Cycle offered to pay Fresh Air Bikes an "a price to be agreed by the end of the season." Fresh Air Bikes said they thought that might work and it would be interested in having some free bicycle tours for their staff thrown into the deal. #1 Cycle Tours always takes bookings many months in advance. When April arrived #1 Cycle Tours called Fresh Air to ask when the bikes would be delivered. Fresh Air said they were very busy with online sales because of the pandemic as well as other pressing matters. Neither side has specified what the prices would be or how many trips would be free. Skedaddle comes to you for contractual legal advice as it wants to sue Fresh Air.

1. What is the main legal issue in this case (2 marks)
2. What is the legal test that would be used by a court in deciding that legal issue? (1 mark)
3. an argument for the plaintiff. (1 mark)

argument for the defendant (1 mark)