Todd Henderson Writes About Delaware’s Jurispurdence on Specific Performance
Twitter's Argument Reflects Del. Chancery Stance On Boards
On July 8, Elon Musk terminated his prior agreement to take control of Twitter Inc.
The company then sued Musk and his special-purpose acquisition companies in the Court of Chancery of Delaware alleging that the termination was wrongful and that the court should order Musk and his companies to close under an equitable remedy of specific performance.
To a person without training in contract law and its associated remedies, the idea that a court ought to force a breaching party to do what it promised to do is uncontroversial.
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