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by chaseideas 3667 days ago
Definitely seems like there was some creative liberty in the submission title.

I suppose a "refusal" could be inferred by the lack of their acceptance on the initial buyout offer and their (apparent) rebuttal of a $2.5bil valuation.

For instance, if I offered you a million dollars cash for your house and you came back to me with an appraisal saying it was valued at $20mil... I think it would be clear (or at least strongly insinuated) that you refused my offer of a million dollars.

Thinking that's kinda what happened here? Seems like Elon didn't take to their method of countering and called the whole thing off.

Just my $0.02 and I'm not privy to all the inside-details. Could've gone down entirely different than any of us know.

Plus, it seems like there's a LOT of infighting among the co-founders and previous team. Will be curious to see if more information emerges.

1 comments

In the UK at least, under case law (Hyde v Wrench, 1840), if you give a counter offer it legally voids the original offer. So if you offer to buy something for £1m and the seller responds that they will sell it to you for £2m, the original £1m offer is legally terminated - so in the UK, legally speaking, this would count as a refusal.

Unfortunately I'm not familiar with how this translates over to US law, but I'd be interested to find out.

That's an interesting question about US case law, but my guess is that the negotiations had lots of clauses like "this supercedes any prior offer" and in this case things are a bit cut and dry, legally speaking. That's why we have lawyers, after all.
I remember learning that this was how things work in the US, too.