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D is corrent because the agreement between Mayker, Inc. and Oylco is a requirements contract. Under a requirements contract, the seller cannot be required to sell amounts unreasonably disproportionate to normal requirements of the buyer. Thus, Mayker’s ordering of unreasonably disproportionate amounts of oil would be a breach of the contract and would allow Oylco to avoid performance.
A is incorrect because both parties did agree to the original contract and a meeting of the minds did occur when the contract was formed.
B is incorrect because Oylco’s agreement to supply Mayker’s fuel oil requirements is a requirements contract and is considered definite and certain enough to satisfy the quantity term of the contract under the UCC.
C is incorrect because an unconscionable contract occurs when there is a great disparity in the bargaining powers of the contracting parties in which one party exploits the other. There is no evidence of this in this situation.