Explore state contract law in the context of a breach of contract claim, focusing on the analysis of special damages, foreseeability, and recoverable losses.
X Corp. v. Center for Countering Digital Hate, INC. Court Filing, retrieved on March 25, 2024 is part of . You can jump to any part in this filing . This part is 11 of 19. HackerNoon’s Legal PDF Series here 1. State Contract Law
’s breach of the ToS’s scraping provision. The question is whether they constitute special damages. “pecial damages are those losses that do not arise directly and inevitably from any similar breach of any similar agreement. Instead, they are secondary or derivative losses arising from circumstances that are particular to the contract or to the parties.” Lewis Jorge Constr. Mgmt., 34 Cal. 4th at 968.
knew or could have known at the time of contracting and what Defendants’ subsequent reporting based on this data would allegedly affect advertiser revenue to the tune of ‘at least tens of millions of dollars.’” MTD&S at 16. One might respond that report that admitted scraping the X platform was about how Twitter had changed. The report states that Musk had declared a “general amnesty” for banned Twitter users in November of 2022, thereby reinstating “tens of thousands of accounts, including neo-Nazis, white supremacists, misogynists and spreaders of dangerous conspiracy theories.” Toxic Twitter at 3. And it claimed that Twitter was generating millions of dollars in advertising revenue from the previously banned accounts. See id.
had knowledge at the time of contracting in 2019 of the “tens of millions of dollars” X Corp. now seeks in connection with advertisers’ decisions to pause spending in response to U.S. liable for speech without asserting a defamation claim, it is forced to allege damages that are attenuated from its claimed breach.”). One way we know that this is true is that if
’s reporting was not a foreseeable result of a claimed breach. There is certainly support for that point. See Frangipani v. Boecker, 64 Cal. App. 4th 860, 865–66 ; see also Rice v. Cmty. Health Ass’n, 203 F.3d 283, 287–88 . X Corp. argues that this reputation argument is inapposite because X Corp. did not suffer amorphous reputational damages, but “tangible, economic losses . . . e.g., advertising revenue.” Opp’n at 18 ; Planned Parenthood Fed’n of Am., Inc. v. Newman, 51 F.
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