Option Wireless LTD v. OpenPeak, Inc.

• 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.