4 ms·
One thing to consider is that if he can show that something potentially material like the fake account percentage was incorrect, then that may offer him an out.
by unclebucknasty 4y ago
One thing to consider is that if he can show that something potentially material like the fake account percentage was incorrect, then that may offer him an out.
Musk can claim that he relied on these numbers when making the offer. "Material misrepresentation" is the term he'd use and it just might work. There's an implied good faith in every contract, so irrespective of how "strict" the terms are, Twitter may have difficulty enforcing the agreement in this scenario.
That is, Twitter would have had to literally disclose that these numbers were unreliable, and have Musk agree under those terms in order to not have a fight on their hands.