The tweet does not say anything about PUP, or $5K spend required. Your injecting this information, but it's not in the tweet.
For something to "hold up in court" it requires understanding the thing.
This can be challenging in 140 characters, especially when the tweet contains at least 1 obvious grammatical error.
Here's what he
actually said-
Elon Musk said:
We will just offer those who ordered bought 3P either $5k back or free lifetime supercharging
See that "ordered bought" phrase?
What, specifically, does that mean?
If you ONLY go by the EXACT words it's gibberish and you can't make any of it "hold up in court" since it remains unclear what he's actual saying there.
You can very easily suggest to a court he was saying whose who ordered the now-only-one-they-sell 3P model, with the PUP, that
they can get back the 5k they paid for the PUP... or they can have free lifetime supercharging.
He wasn't addressing the now-no-longer-made P3D- at all- since those folks had no 5k to get "back" in the first place.
That's a totally reasonable reading of the tweet. In a "hold up in court" sense.
In fact- there's even MORE evidence that's EXACTLY what he meant in his OTHER tweets.
For example-
Elon Musk on Twitter
here someone asks him if prices will be adjusted on P orders still not yet delivered.
now- since the P3D-
did not change price they can
only be talking about the P3D+
And Elon says "Yeah, or free lifetime Supercharging, whichever you prefer"
So again it's clear he means the "5k back OR FUSC" is for P3D+ owners specifically.
Context. It's pretty important in law.
Your basis for the only parties affected are the ones who purchased PUP is inaccurate.
But it's not. See above.
All M3P buyers lost value. M3P- buyers cars are now worth less due to price change, and it's the same difference as the M3P+ buyers, $5K.
Yeah- it's not though- because that's not depreciation actually works.
When the ZR1 Corvette gets cheaper that doesn't devalue used Z51 Corvettes dollar for dollar.[/QUOTE]