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
That's very interesting, thanks! I just learned that courts actually tend to grant monetary damages more frequently than specific performance in general.

However, I have always maintained that making the plaintiff whole should bias toward specific performance. At least that's what I gathered from law classes. In many enterprise partnerships, the specific arrangements are core to the business structures. For example, Bob and Alice agreed to be partners in a millions-dollar business. Bob suddenly kicked Alice out without a valid reason, breaching the contract. Of course, Alice's main remedy should be to be back in the business, not receiving monetary damage that is not just difficult to measure, but also not in Alice's mind or best interest at all.