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Basically, NDA's seem completely broken to me. The impetus for my question is: some woman accused Elon Musk of very inappropriate conduct, and alleged that they settled, with her being put under NDA. But now that she's disclosed it, Musk would literally have zero means of collecting damages for breach-of-NDA, unless he wants to publicly admit the truth of her words. So why would he (or anyone) go with a non-enforceable NDA instead of just outright bribing/threatening someone and hoping they go along?

Or is it possible for Musk to collect damages/prosecute for breach-of-NDA without admitting to the public (or a jury) the contents of an NDA?

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  • Wouldn't this depend on the (non-disclosed) terms of the NDA itself? For starters, what if it specified an Alternative Dispute Resolution mechanism?
    – MSalters
    Jun 7 at 14:08

1 Answer 1

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Musk doesnt have to agree to anything. He can likely void the agreement and get his money back. Apparently she has already said what she was going to say.

A settlement is not an admission of culpability. You are way overthinking this admit-to-the-truth thing. The truth literally does not matter.

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  • Can Musk void the contract and get his money back without any public record of it? Because if there is a public record over the NDA dispute about Musk taking his money back, he may as well get up on a podium and admit to the allegations for the court of public opinion. My point still stands about how the NDA seemingly offers nothing compared to a simple bribe/threat.
    – chausies
    Jun 7 at 1:28
  • @chausies, he doesn;t admit anything. He admits that the other party broke the agreement and thus forfeits the payment. The truth of what the person says is another matter.
    – Tiger Guy
    Jun 8 at 0:29
  • >Woman says I raped her and she signed an NDA. >I say publicly that she just broke NDA and get my money back. >Public is supposed to believe that I didn't rape her and make her sign an NDA? Am I the only one seeing the problem here? No way in hell anyone would believe Musk if he enacts upon an NDA with the woman now. So what purpose did the NDA serve in the first place, over a simple bribe/threat?
    – chausies
    Jun 8 at 3:05

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