What is the test for establishing a binding contract?

The parties' intent to enter into a binding contract does not necessarily mean they succeeded; regardless of their intent to be bound, if the court cannot determine the existence of a breach and an appropriate remedy, no contract has been formed. (Weddington, supra, 60 Cal.App.4th at p. 811.) Because of the parties' clear intent to enter into an agreement, however, courts "should not frustrate their intention if it is possible to reach a fair and just result, even though this requires a choice among conflicting meanings and the filling of some gaps that the parties have left.' [Citation.]" (Okun v. Morton, supra, 203 Cal.App.3d at p. 817.)