This term "cheap" is not certain or definite and the price is dependent is also not certain and definite terms to be a valid offer. However the UCC does provide that "gap fillers" may be used .
a. Advertisements.
Normally the general rule is that advertisements are not considered an offer. It would be considered an invitation for an offer. Advertisements generally lack an expression of implied or express promise to be bound to the terms in the ad thereby does not sufficiently demonstrate the advertiser (Abe) intent to enter into a contract. With this case, the ad identified the subject matter (widgets). However, the ad did not state the price ("Cheap widgets price dependent upon number ordered") is a statement that they are cheap and the price is dependent thus does not satisfy the burden of showing this is an offer. The ad also did not limit the number of possible offerees who could accept and it would be unreasonable for Bob to assume that it created the power of acceptance in all who read the ad, given the ad was placed in a newspaper. Therefore, advertisement is not an offer, because it lacks essential terms to be an offer.
B. Text exchanges between Bob and Abe.
i. Bob's text to Abe: Bob texts Abe in response to the advertisement in the newspaper, and says "I'll take 1,000 widgets at $1.00 each since I can order them from your competitor at $1.10 each." Here, Bob is now texting the intended offeree Abe and makes the offer of a 1,000 widgets at the price of $1.00 per widget. In this case, price and subject matter is discussed the texts does not indicate an intent to be bound nor the terms are still not definite and certain. The UCC requires only one term to make a sufficient offer while other terms may be filled by the courts. This term is quantity. Here, Buyer Bob is explaining the quantity of widgets he will take, so it would be sufficient terms for the UCC and the courts will use the gap filler rules to fill in the rest of the contract.
