this post was submitted on 23 Jun 2024
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submitted 5 months ago* (last edited 5 months ago) by Varven to c/[email protected]
 
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[–] [email protected] 138 points 5 months ago (4 children)

This constitutes a legal binding contract. No I will not be taking corrections.

[–] baldingpudenda 68 points 5 months ago (1 children)

Isn't that how the dumb ass kinda ended up over paying for twitter?

[–] [email protected] 54 points 5 months ago

No he did sign an extremely one sided contract towards Twitter then tried to bs his way out of it after waving away the ability too

[–] Glowstick 43 points 5 months ago* (last edited 5 months ago) (1 children)

You say that jokingly, but it absolutely does. There are likely other claim holders who have a stronger claim that would superceded this one, but in and of itself this absolutely is a legal binding contact. This is exactly the kind of nonsense he spouts that put him in a position where he legally had to buy twitter even though he didn't actually want to

[–] [email protected] 28 points 5 months ago* (last edited 5 months ago) (3 children)

but it absolutely does

I get why you would say that, because verbal contracts are definitely a real thing that can be binding, and this basically takes the form of a verbal contract, with the added advantage of being written down so it's easy to prove what was said.

But I don't think any court would ever find that this constituted a binding contract. No reasonable person would believe that this was intended to be taken seriously, and an offer made in jest does not constitute a binding contract. See Leonard v Pepsico.

edit: With Twitter, as far as we know, he had actually signed a more standard contract in which he waived his right to due diligence. It was rash and stupid, but not really comparable to this at all.

[–] [email protected] 13 points 5 months ago

That's a funny court case. Pepsi releases an ad where someone gets a fighter jet for 7,000,000 pepsi points. Someone finds they can be bought for $0.10 each, so buys that many pepsi points and asks for the jet. The court sides with Pepsi, because it's ridiculous to think you're getting a fighter jet for that, and afterwards Pepsi edits the commercial to make it 700,000,000 pepsi points instead.

Also Pepsi never cashed the check for the points, and they did add a "Just Kidding" disclaimer, but that wasn't in the synopsis on Wikipedia. 700,000,000 pepsi points would cost almost double what the jet is valued at, so if someone did try the stunt again, they'd theoretically be able to get the jet to them. However, the Pentagon stated that the jet would have to be demilitarized, which includes removing its advertised feature of vertical takeoff and landing.

[–] Glowstick 7 points 5 months ago* (last edited 5 months ago) (1 children)

Good clarification from someone who sounds like they know what they're talking about, thanks. But i see no clear indication that it was said in jest. I mean if i had to guess i would say it was in jest, but i also can very easily see elon saying this in earnest because he's done so many rash enormous decisions in the past. I feel like at a bare minimum it's got enough validity that a lawsuit about it would become a real case and might make elon's estate want to give a cash settlement to avoid the litigation

[–] [email protected] 7 points 5 months ago (2 children)

I'm just a well-read interested amateur, not a lawyer, let alone an American contract lawyer.

Leonard was a case where Pepsi advertised, basically, that they'd sell you a Harrier Jet for $700,000. Leonard sent them a cheque for that amount and tried to get them to honour the deal. There was nothing explicit in the ad that made it a joke, but Pepsi refused, and ultimately won the lawsuit because it was absurd. Likewise, in my opinion, giving away a multibillion dollar company on the basis of three tweets, one of which is describing the possibility of a mysterious death, and another which is literally just "Ok" is very similar to that situation, in that it's played straight, but is obviously a joke because of the content.

You're right that a lawsuit could be brought. I suspect it would even pass summary judgment, because whether or not it's a joke would be a finding of fact, not a simple finding of law. And I don't know what's hypothetical Musk Estate would do, but if it were Elon himself in charge there's a good chance you're right, he'd try to settle it. Not because he's afraid of losing or concerned about the cost of the lawsuit, but for the same reason he hurried to buy Twitter when he did: to avoid going through discovery. He obviously doesn't want details of his finances made public, for whatever reason. And his estate might very well inherit that shyness.

But all that would rely on Mr Beast being stupid enough to press his claim in the first place. I only know about him third-hand as a famous YouTuber with a history of doing some rather silly stunts, but surely this would be beyond him. The case might make for good Content™, but entering into it would be very expensive with almost zero chance of proper success and nowhere near a guarantee of even a favourable settlement.

[–] SleepingLesson 7 points 5 months ago

Leonard would not be controlling here. This is a plain case of a contract lacking consideration and thus being invalid. The case would be dismissed, no need for summary judgment.

[–] Glowstick 2 points 5 months ago (1 children)

Good walkthrough. I think a lawyer would happily take the case on contingency to get a cut of a big easy settlement, but other than that everything you wrote sounds likely

[–] SleepingLesson 5 points 5 months ago* (last edited 5 months ago) (1 children)

The contract lacks consideration and would not be found valid. No contract, no damages, no contingency.

[–] Glowstick 1 points 5 months ago (1 children)

I'm not a lawyer at all, but i just googled the definition of "consideration" and i don't see how it applies here. This is a statement of how his property should be bequeathed after his death. People don't will their properties to people in exchange for benefit before they die.

[–] SleepingLesson 1 points 5 months ago* (last edited 5 months ago)

Consideration means both sides need to give something in order for a contact to be formed. Asking "can I have x", and the other side saying "yes" is not a contract because there is no consideration. This is day 1 law school Contracts stuff.

A will requires a document and cannot be formed orally except in very specific circumstances that do not apply here.

[–] [email protected] 5 points 5 months ago (1 children)

There's no consideration specified, so it's not really a contract in normal terms.

It is however a last will and testament for disposal of his asset(s).

[–] SleepingLesson 1 points 5 months ago (1 children)

This is not at all a will and testimate.

[–] [email protected] 1 points 5 months ago (1 children)

Depends on the jurisdiction. Some states recognise "nuncupative" and "holographic" wills.

Other jurisdictions recognise any "speech" that details disposal of assets upon death as a will.

[–] SleepingLesson 1 points 5 months ago

There is no jurisdiction in which the facts of this situation would constitute a binding will.

The circumstances in which a will can be formed orally are death-bed situations where formation of a proper will are impractical.

[–] [email protected] 2 points 5 months ago

Which is fine since there is no such thing as Twitter anymore.

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[–] [email protected] 99 points 5 months ago (2 children)

Next MrBeast video.

“First person who follows me and gets rid of Elon gets $1,000,000.”

[–] [email protected] 26 points 5 months ago

"Like, share, subscribe, and kill kill kill."

[–] Varven 3 points 5 months ago
[–] [email protected] 57 points 5 months ago (1 children)

Depression is a side effect of Ketamine abuse.

[–] teamevil 26 points 5 months ago (6 children)

Isn't ketamine used to treat depression?

[–] [email protected] 42 points 5 months ago (2 children)

The dose makes the poison.

[–] [email protected] 1 points 5 months ago

30 g of eggs: nutritious breakfast

42 mg of eggs: death

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[–] Maalus 17 points 5 months ago (2 children)

Small doses are, under controlled by a doctor circumstances and monitoring. Also they use a nose spray to spray you and you need to return a while later with the visits getting sparser each time.

Abuse is hitting horse tranqs for the high.

[–] [email protected] 8 points 5 months ago (1 children)

It's IV ketamine use which has shown to rewire the connections between nodes in the brain. These old connections have triggers for depression baked in more or less. So in rewiring the nodes, the baked in depression can be circumvented. The nasal spray then reenforces these new pathways which were created via IV treatment to help ensure the old ones aren't used again by the brain. It's a delicate process and abusing the drug definitely only makes assessing the process much more difficult.

[–] teamevil 2 points 5 months ago (4 children)

Oh my god are you really telling me there's a way for me to find joy or just some sort of positive feeling for doing something? I honestly struggle just to move it seems like most days and without my ADD medicine I can barely get the energy to function it seems... If there was a way to rewire that reward system so I just felt some sort of accomplishment when I did something instead of just that feeling of okay that's done now there's more junk to do and I hate my life in everyday.... And I've got no reason to I've got a great life I think I can afford to eat I've got a roof over my head I've got a job but just I can't...help (I've tried antidepressants in the past and they were not very helpful... I think ultimately an exercise routine another things are needed but for the moment I just wanted to add this aside)

i've tried nothing and I'm all out of ideas man....

[–] TheBluePillock 1 points 5 months ago* (last edited 5 months ago)

Well, I hope this wall of text helps at least one person. For you or anyone else who needs this and happens to find it: yes. There are many treatments beyond traditional antidepressants that are only a last resort because insurance is a pain in the dick. All of them are different methods of increasing neuroplasticity, making it easier to form new neural pathways instead of staying stuck in the same "comfortable" depression. It's like depressive thoughts are a paved sidewalk and happy, healthy thoughts are overgrown, covered with branches and weeds. With enough persistent effort you might be able to clear out that other path, but it's a hell of a lot easier if someone clears out all the weeds first and gives you a machete. That's neuroplasticity with appropriate therapy.

The main treatments available are ketamine (IV), Spravato (ketamine nasal spray), ketamine troches, TMS (transcranial magnetic stimulation), and psilocybin (still illegal in most places). I can give details on each, but specifics will likely vary a bit by treatment center.

  • IV ketamine therapy

is guided therapy while under the influence of IV ketamine. It's the most helpful form of ketamine. Both the dosing and therapy are more targeted. The therapy part may be covered by insurance, but the ketamine rarely is and that runs roughly $400 a dose. Sessions are once a month.

  • Spravato

is well covered by insurance because they were able to patent it. That also means it's slightly different: it's only the S-ketamine enantiomer as opposed to racemic ketamine, which is a racemic mixture of both S- and R-ketamine enantiomers. Studies funded by the drug company say that's better. Other studies are less clear. But really, there's just far less data in general because it's new. Treatment centers may vary, but mine just put me in a room with no guidance or therapy and had me do drugs.

I knew how to make the most of it anyway, but I felt really bad for the people who expect it to work like other medications they can just take and they feel better. You need to actually form the new pathways during the state of increased neuroplasticity. If you go this route, make sure you have a therapist appointment the day after treatment, preferably with a therapist who is familiar with it. Treatments are twice a week for the first month and once a week after. Each one lasts about two hours and must be done at the clinic.

  • Oral ketamine troches

are not usually covered by insurance, but they are relatively affordable at $50-75 a month. You may have to shop around to find a compounding pharmacy that can ship to your state (if US) at that price. Ketamine is poorly absorbed when taken sublingually so the dosage is much higher and the side effects may be worse. However, in my case I had fewer side effects once I found a good routine. Even though the troches are affordable, you still need to check in with the doctor every month. If insurance won't cover that it will probably be almost as much as IV therapy. Some therapists are willing to do telehealth therapy with you during treatment so you can have guided therapy.

In the interest of being as informative as possible for anyone that finds this: studies show similar rates of absorption between oral troches and suppositories, but anecdotally some patients report a greater effect from melting their oral troches and boofing them. You can find instructions for doing this with opiates and the process is similar. The troche just needs a bit of heat to melt it. A hair dryer or holding the (capped) syringe under hot water will work. Anecdotally, this does seem more effective and was a lot easier than trying to hold the troche under my tongue.

  • TMS

is well studied, non-invasive, has a high rate of success, and is usually covered by insurance. Treatments are only a few minutes, but you need to go in four times a week. It's like Spravato in that you will get the most benefit if you're actively working with a therapist to take advantage of the increased neuroplasticity.

  • Psilocybin

is probably illegal where you live. Studies are extremely limited because drug laws make it difficult, but the data we do have is extremely promising - moreso than ketamine. The only reason we do ketamine instead is it's already used as an anesthetic, so using it for depression is just off-label, which doctors do all the time. There is a push to legalize psilocybin for treating depression, but it'll still be a while. Until then, you have to either obtain it illegally or grow your own mushrooms (illegally).

When using mushrooms, state of mind and a comfortable setting are most important. If possible, be with someone who knows you and can keep you calm if you get anxious. Some people - especially those with severe mental illness and/or a genetic predisposition to one, such as schizophrenia - may have a bad reaction, sorta like how any medication has rare side effects and some people just get the fun of being especially unique. But for most people, the experience can be profound and life changing. Some may snap out of depression after a single dose, others may need regular treatments every couple months. Unfortunately, drug laws limit both the data and the accessibility of this treatment. However, it has the potential to be the most effective and the most affordable.

There is hope. Your depression can be cured. You can feel alive and content and so many other emotions again.

If there are questions, feel free to ask, but I don't know if I get notifications so I may not see it. I have not personally done IV ketamine or TMS, but I have read up on them and gone over the details with a doctor when discussing treatment options.

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[–] dohpaz42 3 points 5 months ago (1 children)

They do have a nasal option that’s not very strong, but they also can do IV ketamine which is a bit more powerful. And you’re absolutely right about it being controlled and monitored, as well as expensive.

[–] Maalus 1 points 5 months ago

It's only expensive because of the doctors there supervising you though. Ketamine can be made really cheaply

[–] [email protected] 8 points 5 months ago

Yeah, and opiates are pain killers, doesn't change the ability to become dependent/begin abusing them

[–] [email protected] 7 points 5 months ago

Setraline is used for depression. Side effects may include depression.

Human bodies are weird.

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[–] [email protected] 49 points 5 months ago (1 children)

If Mr. Beast gets ownership of Twitter I'll sign up just for the free money.

[–] Varven 9 points 5 months ago
[–] [email protected] 20 points 5 months ago

Drama Queelon

[–] shneancy 19 points 5 months ago (2 children)

I for once would like to see the rise of Bitter

[–] [email protected] 4 points 5 months ago

Many people would be happy to go back to bitching on bitter if Elon would just disappear.

[–] [email protected] 3 points 5 months ago

didn't gta5 have a "Bleeter" ?

[–] [email protected] 16 points 5 months ago* (last edited 5 months ago)

This is Trump’s “if I lose the election was stolen” bullshit from 2016 that we’ve never been rid of. Once again narcissistic right wingers are just copying his playbook

[–] [email protected] 14 points 5 months ago

I don't want Mr Beast to have twitter, because he just might run it competently. I want the bird to die.

[–] RememberTheApollo_ 11 points 5 months ago (1 children)

What constitutes “mysterious” when it comes to a billionaire? Common people usually don’t have particularly creative or unusual modes of death. We going to find him strapped to the outside of a Falcon 9 booster like some James Bond-esque supervillain’s assasination attempt of Musk, the Main Character?

[–] Donkter 15 points 5 months ago (1 children)

If Elon musk got cancer and spent 5 years fighting it before succumbing to it people would claim that it's mysterious circumstances.

[–] [email protected] 2 points 5 months ago

The mistry is why it didn't happen sooner

[–] [email protected] 10 points 5 months ago

Can we get him to say something about the 737 max?

[–] feedum_sneedson 8 points 5 months ago (1 children)
[–] [email protected] 3 points 5 months ago

IKR they got our hopes up

[–] EvolvedTurtle 2 points 5 months ago

Is this real lmao

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