Option Wireless LTD v. OpenPeak, Inc.

Unless otherwise stated, you should answer in complete sentences, and be sure to use correct English, spelling, and grammar. Sources must be cited in APA format.

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:

o 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?Explain

o 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.