Ky. Rev. Stat. » Chapter 355
Kentucky Revised Statutes

Ky. Rev. Stat. § 355.2-204 (2026)

Formation in general

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(1) A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract.

(2) An agreement sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined.

(3) Even though one (1) or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy. Effective: July 1, 1960 History: Created 1958 Ky. Acts ch. 77, sec. 2-204, effective July 1, 1960.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1986–2025 · leading case: A & a Mech., Inc. v. Thermal Equip. Sales, Inc., 998 S.W.2d 505 (Ky. Ct. App. 1999).
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A & a Mech., Inc. v. Thermal Equip. Sales, Inc., 998 S.W.2d 505 (Ky. Ct. App. 1999). · cites it 2× “1-205; KRS 355.2-204; KRS 355.2-208. In determining the quantity term of this agreement, the trial court referred to TES’s bid sheet as well as to the parties’ course of performance and other surrounding circumstances.”
Consol. Aluminum Corp. v. Krieger, 710 S.W.2d 869 (Ky. Ct. App. 1986). “KRS 355.2-204 deals with the formation of a contract in general.”
Middletown Eng'g Co. v. Climate Conditioning Co., 810 S.W.2d 57 (Ky. Ct. App. 1991). “See KRS 355.2-204. Middletown argues next that both the limitation of remedy and of damages constituted material alterations to its offer of purchase and thus did not become part of the contract between the parties by virtue of KRS 355.”
Static Control Components, Inc. v. Lexmark Int'l, Inc., 487 F. Supp. 2d 830 (E.D. Ky. 2007). · cites it 2× “” Ky. Rev. Stat. Ann. § 355.2-204 (2) (2006); see also Ariz.”
Brass Reminders Co. v. RT Eng'g Corp., 462 F. Supp. 3d 707 (E.D. Ky. 2020). · cites it 4× “” KRS § 355.2-204(1). “In Kentucky, and unless otherwise unambiguously indicated, an offer to make a contract shall be construed as inviting acceptance in any manner and by any reasonable medium.”
Brasfield & Gorrie, LLC v. Harrod Concrete & Stone Co., 534 F. Supp. 3d 747 (E.D. Ky. 2021). · cites it 2× “” KRS § 355.2-204(1). Here, Harrod submitted a mix design and offered a price that Brasfield accepted, Harrod supplied hardscape concrete, and Brasfield paid for the hardscape concrete.”
Cogan Imports, Inc. v. Dharod, No. 3:16-cv-00352 (W.D. Ky. Aug. 2, 2019). · cites it 2× “” KRS 355.2-204(1).3 “The fundamental elements of a valid contract are ‘offer and acceptance, full and complete terms, and consideration.”
Gordian Med., Inc. v. Accurate Healthcare, Inc., No. 3:24-cv-01021 (M.D. Tenn. Sept. 30, 2025). · cites it 2× “See Ky. Rev. Stat. Ann. § 355.2-204 (3) (“Even though one (1) or more terms are left open[,] a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy.”
Ky. Rev. Stat. § 355.2-204(1): 3 cases
Brass Reminders Co. v. RT Eng'g Corp., 462 F. Supp. 3d 707 (E.D. Ky. 2020). “” KRS § 355.2-204(1). “In Kentucky, and unless otherwise unambiguously indicated, an offer to make a contract shall be construed as inviting acceptance in any manner and by any reasonable medium.”
Brasfield & Gorrie, LLC v. Harrod Concrete & Stone Co., 534 F. Supp. 3d 747 (E.D. Ky. 2021). “” KRS § 355.2-204(1). Here, Harrod submitted a mix design and offered a price that Brasfield accepted, Harrod supplied hardscape concrete, and Brasfield paid for the hardscape concrete.”
Cogan Imports, Inc. v. Dharod, No. 3:16-cv-00352 (W.D. Ky. Aug. 2, 2019). “” KRS 355.2-204(1).3 “The fundamental elements of a valid contract are ‘offer and acceptance, full and complete terms, and consideration.”
Ky. Rev. Stat. § 355.2-204(3): 2 cases
A & a Mech., Inc. v. Thermal Equip. Sales, Inc., 998 S.W.2d 505 (Ky. Ct. App. 1999). “1-205; KRS 355.2-204; KRS 355.2-208. In determining the quantity term of this agreement, the trial court referred to TES’s bid sheet as well as to the parties’ course of performance and other surrounding circumstances.”
Cogan Imports, Inc. v. Dharod, No. 3:16-cv-00352 (W.D. Ky. Aug. 2, 2019). “” KRS 355.2-204(1).3 “The fundamental elements of a valid contract are ‘offer and acceptance, full and complete terms, and consideration.”
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