General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAnybody else get back on twitter now that the rich man-baby is exiting stage -- good riddance?
Ocelot II
(115,280 posts)and the remedy could be specific performance - that is, the court enforces the contract and orders Musk to buy Twitter as agreed.
Comfortably_Numb
(3,777 posts)Blue Owl
(49,934 posts)Biding his turdly time .
sprinkleeninow
(20,135 posts)Ms. Toad
(33,915 posts)the non-breaching party is not entitled to specific performance.
Ocelot II
(115,280 posts)So Musk might find himself on the hook to buy the company at the agreed-upon price, even though it isn't worth as much as it was when they made the deal - in part because of Musk's own fuckery. That's why Twitter will want to enforce the contract.
Ms. Toad
(33,915 posts)But liquidated damages clauses are generally monetary, not an obligation to perform what the contract required them to do in the first place. To be enforceable, the remedy has to be a reasonable estimate, at the time the parties entered into the contract for the damages (difficult to ascertain at the time of contracting). Specific performance isn't an estimate of the damages.
The decision about specific performance iwill be left to the curt as an equitable remedy if no amount of money would be adequate to compensate the injured party. Seems to me that it is relatively easy to calculate Twitter's loss from the agreed upon price compared to the current price. Twitter keeps its company at a lower value; Musk pays a hefty price for breaching the contract.
Ocelot II
(115,280 posts)to get out of the contract, and thats probably what will happen.
Ms. Toad
(33,915 posts)JI7
(89,180 posts)Wasn't that part of the "deal" ? That if he backed out he would pay a billion .
area51
(11,868 posts)the 1B is if a 3rd party were to block the deal
the contract has a specific performance clause that can force must to buy them comany even if he doesnt want to any more
https://www.sec.gov/Archives/edgar/data/1418091/000119312522120474/d310843ddefa14a.htm
wnylib
(21,146 posts)the number of fake accounts as a means of bringing down the price? He claims that Twitter did not live up to its part of the bargain so he does not have to live up to his original offer?
FoxNewsSucks
(10,378 posts)never will.
Regardless of owner.
msongs
(67,197 posts)womanofthehills
(8,584 posts)You can design Twitter to your liking.
TDale313
(7,820 posts)I would have if it became clear the deal was actually going to go through. But it started feeling unlikely within a couple days. I am glad it fell through. He should not own Twitter.
womanofthehills
(8,584 posts)Saudi prince, who is major Twitter shareholder, rejects Elon Musk offer to buy company
https://finance.yahoo.com/news/saudi-prince-major-twitter-shareholder-171929382.html
Dr. Shepper
(3,012 posts)Existed. Bliss.
moonshinegnomie
(2,410 posts)it basically says Twitter can force musk to buy them. there is precedence for this in the past in other mergers.
Cha
(295,925 posts)Link to tweet
I never left... I stayed to fight like George Takei.
Please Fight to Save Our Democracy💙 in 2022 & 2024!
edbermac
(15,919 posts)I guess thats the Twitter equivalent of the N-word
Dave says
(4,608 posts)Turned in to a MAGA cesspool. Normally its populated with art and left-wing politics. Now its Biden is dirt and stories about women claiming they should have the right to claim a zygote on their taxes (given the absurdity of the SCOTUS Roe decision, they should).
Something is newly amiss over there.
Pete Ross Junior
(404 posts)I speculate the rich man baby is quietly shorting Twitter using an intermediary.