“I Don’t Think He’s Screwed At All.” Musk Might Be In Better Shape Than You Think.

Elon Musk agreed to buy Twitter. Will the courts make him pay up?

Elon Musk will probably pay Twitter a lot of money. He’s on the hook after signing a deal to buy it, throwing a tantrum, and trying to back out last week. And after reading Twitter’s powerhouse lawsuit, many observers now believe the Delaware courts will force him to buy Twitter for $44 billion, his initial offer price.

But a closer look at the legal process, with input from Delaware lawyers, indicates Musk might have more in his favor than the narrative suggests. He may still lose, or agree to a massive settlement, but a ruling that forces him to buy Twitter remains unlikely.

“I don’t think he’s screwed at all,’ said Morgan Ricks, a law professor at Vanderbilt University. “If it were a slam dunk case and the remedies were very clear and easily enforceable, then everyone would be buying Twitter at $52. Right now, it’s trading at $36.”

Given that Musk seems to have violated his contract, the crucial questions are now what the Delaware Court of Chancery will do about it, and how Twitter’s legal team will anticipate those actions. The court may order Musk to buy Twitter at the agreed-upon price — via a “specific performance”…