Phillip agrees to landscape Harry's garden. He commences the work before the contract between the parties is finalised. After two weeks, Harry has decided he is not happy with the work Phillip has done so far and is planning to sue him for breach of contract. Which one of the following statements best describes the legal position?

1. a)Harry will have an action in tort as the contract has yet to be finalised
2. b)The parties must finalise the contract before either can sue the other for

breach

1. c)A contract is likely to exist and its terms will be a question offact in the

circumstances

1. d)The terms of the contract will be those which have been agreed so far