C12 Case Analysis 1 Option Wireless LTD V. 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.

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