"All multifarious means which human ingenuity can devise, and which are resorted to by one individual to get an advantage over another by false suggestions or suppression of the truth. It includes all surprises, tricks, cunning or dissembling, and any unfair way which another is cheated."
So is Musk guilty of defrauding twitter by using aggressive acquisition tactics as a pretense to get access to internal nonpublic information to use against them?
The only honest answer I can give there is, "I don't know". So far as I'm aware, Twitter hasn't alleged that, no evidence has been presented supporting such an allegation, and generally it seems a heavy burden to present a court with convincing evidence of a conspiratorial theory like that, but I can't categorically say what Elon Musk's motives weren't.