In determining whether or not a contract was formed under article 2, a court will consider: i. past commercial conduct of the parties. ii. common law doctrines regarding formation. iii. communications (written or oral) between the parties. iv. industry standards and norms.

Hegyes was driving her car when it was negligently struck by a unjian enterprises truck. she was injured, and an implant was placed in her body to counteract the injuries. she sued unjian, and the case was settled. two years later hegyes became pregnant. the growing fetus pressed against the implant, making it necessary for her doctor to deliver the child 51 days prematurely by cesarean section. because of its premature birth, the child had a breathing handicap. suit was brought against unjian enterprises for the harm sustained by the child. was the defendant liable?