Option Wireless LTD v. OpenPeak, Inc.
Your response should be a minimum of four (4) double-spaced pages; refer to the Length and Formatting instructions below for additional details.
In complete sentences respond to the following prompts:
- Summarize the facts of the case;
- Identify the parties and explain each party’s position;
- Outline the case’s procedural history including any appeals;
- What is the legal issue in question in this case?
- How did the court rule on the legal issue of this case?
- What facts did the court find to be most important in making its decision?
- Respond to the following questions:
- Are there any situations in which it might be a good idea to include additional or different terms in the “acceptance” without making the acceptance expressly conditional on assent to the additional or different terms?
- Under what conditions can a contract be formed by the parties’ conduct? Why wasn’t the conduct of the parties here used as the basis for a contract?
- Do you agree or disagree with the court’s decision? Provide an explanation for your reasoning either agree or disagree.