Case Study Option Wireless V. open Peak
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.
