With no explanation, chose the best option from "A", "B", "C" or "D". which Hinton and Wachovia agreed states that if Hinton breaches, Wachovia is entitled to foreclose on the property. On this basis, Wachovia contends that it was entitled to reject Hinton’s October payment and initiate foreclosure proceedings on the home. Hinton’s claim that Wachovia breached the May DFA by failing to state a sum certain for the “regular payment” amount is without merit. Hinton cites no authority for this proposition, and we have found none. An ambiguous term in the contract does not amount to a breach by the drafter. Rather, a significant disagreement over the meaning of a contract term could vitiate mutual assent, and thus no contract would ever have been formed. See Higgins v. Oil, Chem. & Atomic Workers Int’l Union, Local #3-677, 811 S.W.2d 875, 879-81 (Tenn.1991) (<HOLDING>); Restatement (Second) of Contracts § 20(1)

A: holding judicial reformation of contract is an appropriate remedy when the contract was the product of a mutual mistake
B: holding that both the lack of mutual assent and the indefiniteness of contract terms negate the existence of a contract
C: recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract
D: holding mutual assent in contract law is elementary and it must be expressed by the parties
B.