zlacker

>>modele+(OP)
Wouldn't you have to prove damages in a lawsuit like this? What damages does Musk personally suffer if OpenAI has in fact broken their contract?

>>BitWis+3T
You can sue for many reasons. For example, when a party breaks a contract, the other party can sue to compel the contract to be performed as agreed.

>>larist+gW
Specific performance is a last resort. In contract law, the bias is towards making the plaintiff whole, and frequently there are many ways to accomplish that (like paying money) instead of making the defendant specifically honor the terms of the original agreement.

>>otterl+HX
Not sure about English law but in Roman law (and derived systems as in South Africa) the emphasis is on specific performance as a first resort — the court will seek to implement the intention of the parties embodied in the contract as far as possible.

Cancellation is a last resort.

>>nsomar+V01
> Not sure about English law but in Roman law

This is actually American law, neither English nor Roman. While it is derived from English common law, it has an even stronger bias against specific performance (and in fact bright-line prohibits some which would be allowed in the earlier law from which it evolved, because of the Constitutional prohibition on involuntary servitude.)

>>dragon+231
This is correct!