To have a valid executory contract the parties must have discussed all the terms properly as this way there would be no disagreements or it would be said that something is missing. If the terms have been discussed, then there is a contract that the parties intended to enter into. In Jen's case, Craig and she discussed the essential parts of the terms. They negotiated the price and that she will sell the car “as is”. They also discussed that he will write a contract listing the price and that he will sell the van "as is". They never specified that the contract would be valid until after the contract was signed. But we could imply that both parties intended to enter into a contract because they both performed the partial performance and Craig was sure that Jen would keep her promise to wait for him to return with the money. Subsequently, Jen stated that she did not intend to enter into an oral contract, but she never made this clear. He intended to get it in writing and made a written contract about what they discussed in the oral agreement. Both agreed on the price and the contract, essential elements of the contract. Therefore, the terms were