Hasbro used to manufacture a toy called "Wonder World Aquarium." The toy included powder that, when mixed with water, formed a gel that filled a plastic aquarium. Children could then place plastic fish in the aquarium and create underwater scenes. Cloud Corporation supplied the powder to Hasbro. The toy sold poorly, and Hasbro's need for the powder diminished. The two companies discussed changing the powder's formula. Cloud believed the conversation amounted to an indication that Hasbro would continue to buy powder, so it produced large quantities. Although it did not receive an order from Hasbro, Cloud sent an order acknowledgment for 9.5 million packets to Hasbro. Hasbro made no objection to it. Did the order acknowledgment create an enforceable agreement? What specific facts determine your answer? Identifying the Facts and Issues 1. The agreement governed by [ Select ] . 2. [ Select ] is/are a merchant. 3. Under the UCC, oral agreements are binding [ Select ] . 4. Since Cloud made the powder with a formula adapted based on conversations with Hasbro, it should argue that [ Select ] 5. Does Cloud's order acknowledgement bind the parties? [ Select ] . 6. If Cloud testifies in court that it had an agreement with Hasbro, will the court enforce the agreement? [ Select ] . 7. In order to enforce the contract, the court [ Select ] determine when the parties formed an agreement