openpeak inc

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.