Private Law Theory

“As explored in the previous posts in this series, Delaware law seems to provide for specific performance of merger agreements when the parties agree to it, which they often do. But, moving to the second major point of these posts, what if the court nevertheless decides not to order specific performance here? For example, commenters have suggested Musk might simply defy such an order, and that fear of that outcome might induce the court not to order specific performance in the first place …” (more)

[John Patrick Hunt, ContractsProf Blog, 15 July]

First posted 2022-07-15 16:00:47