Scenario ComDoc Cable Television, Inc. ("ComDoc") was building a new cable television system in New York. It contacted Birdview Comtronics, Inc. ("Birdview"), by phone and began negotiating to buy descrambler units for its cable system. These units would allow ComDoc customers to receive the programs they had paid for. Although no written contract ever was signed, and ComDoc ordered several thousand descramblers. The descramblers were shipped to ComDoc, along with a sales acknowledgement form. ComDoc made partial payment for the descramblers before discovering that some of the units were defective. Birdview accepted a return of the defective descramblers. ComDoc then attempted to return all of the descramblers, asking that they be replaced by a newer model. When Birdview refused to replace all of the old descramblers, ComDoc stopped paying Birdview. Birdview sued ComDoc, claiming that no valid contract existed between the parties.

Respond to the following items in your initial post, and include support from legal citations in The Bluebook format:

• Identify if the proper elements for the formation of a contract was in place: If yes, identify the elements; If no, explain what elements are lacking.
• Identify if this contract is covered by one or more provisions of Article 2 or 2A of the UCC.
• Discuss and identify what rules of interpretation you would use in this case.
• Discuss and identify whether contract modifications would be allowable in this instance. Justify your reasoning.