To advise Andy, first it is important to figure out whether there is an enforceable contract between the two parties. Since there is a clause in Blurb Co's "Standard Terms of Business" that the contract would not be binding until Blurb Co has received a signed confirmation letter, Andy could argue that there is no enforceable contract between them, as he never returned the letter. This situation is akin to that of RTS Flexible Systems Ltd v Molkerei Alois Muller Gmbh & Company KG (RTS)1. In both cases, the parties carried out negotiations on a "subject to contract basis," with the contract unsigned and expressly provided that it would not be effective until the parties have signed it. To determine whether there is an enforceable contract under that context, the judges in RTS noted that the question would be "whether the parties had nevertheless agreed to contract with one another notwithstanding their earlier "subject to contract" understanding." The answer could be inferred from the communication and conduct of the parties. One of the key considerations in RTS was whether both parties behaved as if the full contract was in place. One would then continue to examine the communication and conduct between Andy and Blurb Co. It is obvious that Blurb Co saw it as a full contract, as seen from its action to supply the materials. As for Andy, even though the received materials were of no beneficial use to him, he still used the materials provided by Blurb Co. Given that the two parties had past dealings with each other, it would be reasonable to conclude that they had both behaved in a way as if the full contract was in place before the final written confirmation. Following the rationale of RTS, it is likely that the court would find that the parties, through their conduct, had waived the clause that the contract would only become effective on signature. Therefore, in this case, there should be an enforceable contract; hence Andy's would not be able to rely on the "no contract  argument. Issue 2: Whether Blurb Co's "Standard Terms of Business" was incorporated into the contract. If there is an enforceable contract between the two parties, then on what terms was the contract concluded? One of the key issues would be whether the "Standard Terms of Business  (STB) from Blurb Co was incorporated into the contract. If Andy had never receiv