The point you make may be relevant for deciding damages, but even here there is a concept of Liquidated Damages [0] which is essentially the damages amount set at day 1 so the question of ascertaining the extent of wrong does not arise.
A contract is a matter for civil law. Breaking a term of a contract doesn't automatically mean that a court will consider a remedy.
See https://en.wikipedia.org/wiki/Standing_(law)#Standing_requir...: in the US, "the plaintiff must have suffered or imminently will suffer injury".
If he got it written into the contract then it is clear that he does not intend to pursue it.
If it was written into the contract and he pursues it then he will need to show that he has suffered because the contract was not executed and I fail to see how he could make that case and do so with enough teeth that it would matter to FB enough to reverse course.
The example of UK bank overdraft charges in the Wikipedia article for instance can be seen as small powerless individuals vs large corporate.
In the Oculus case, a good lawyer should have been able to set out in the contract why this specific point is important to the seller (Palmer) and why significant damages are in order (damages credibility on future projects, which clearly could be multi-billion in scope).
