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No, output contracts can be binding contracts. An output contract is where one party contracts to purchase all of the goods made by a second party. It appears to be an illusory agreement because the manufacturer could essentially decide to make nothing and then the purchaser would have nothing to purchase. However, under the Uniform Commercial Code, adopted by 49 states, manufacturers are held to a reasonableness standard when manufacturing their products for sale in an output contract. They may be held by a court to be in breach if they have not performed reasonably under the terms of the contract.

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