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Ms. Toad

(37,765 posts)
22. I know why they want to enforce it
Sat Jul 9, 2022, 01:02 PM
Jul 2022

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.

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It's not over. Twitter is suing Musk for breach of contract, Ocelot II Jul 2022 #1
Good point, and spot on. I'll bail again if he ends up owning it. Comfortably_Numb Jul 2022 #2
Fatfuck von ToiletTweeter is lurking in the shadows Blue Owl Jul 2022 #3
you have a way with... sprinkleeninow Jul 2022 #18
Generally, if you can provide an appropriate remedy by throwing money at it, Ms. Toad Jul 2022 #7
Generally, yes, but this contract has a specific performance clause. Ocelot II Jul 2022 #19
I know why they want to enforce it Ms. Toad Jul 2022 #22
I don't want him to buy it; I hope he has to pay through the nose Ocelot II Jul 2022 #23
Agreed as to what will probalby happen. n/t Ms. Toad Jul 2022 #24
Can't he just pay the billion or whatever that was to get out of it ? JI7 Jul 2022 #8
That's what I heard. n/t area51 Jul 2022 #14
no moonshinegnomie Jul 2022 #17
Could it be that Musk is complaining about wnylib Jul 2022 #16
Never used it, FoxNewsSucks Jul 2022 #4
twitter is swamped with trump propaganda even tho he is technically banned nt msongs Jul 2022 #5
Disagree - Twitter is about who you choose to follow womanofthehills Jul 2022 #12
I didn't leave. TDale313 Jul 2022 #6
But should a Saudi prince own part of Twitter? womanofthehills Jul 2022 #15
I blocked him a few weeks back and forgot he even Dr. Shepper Jul 2022 #9
the contract he signed includes a specific performance clause moonshinegnomie Jul 2022 #10
This Shareholder feels like we do.. Cha Jul 2022 #11
Not yet. I got booted for calling Jason Aldean a dumb redneck edbermac Jul 2022 #13
My Twitter timeline has, just this morning, Dave says Jul 2022 #20
Never was on Twitter in the first place. Pete Ross Junior Jul 2022 #21
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