[WS:] As usually, it comes down to that you like the system and I do not, because it seems too lopsided in favor of corporations to my taste. So let's leave it at this.
PS. I like Contract Law too. It reminds me of the Soviet Constitution.
Both look great on paper.
Wojtek
On Mon, May 3, 2010 at 11:25 PM, Jordan Hayes <jmhayes at j-o-r-d-a-n.com> wrote:
> Wojtek says:
>
> What Jordan describes is the assignment of responsibility
>> (i.e. rules who is responsible for certain types of losses)
>> not penalty.
>>
>
> No, what you're describing is Contract Law. And it's just *usually* the
> case that contracts which have other-than-expected-outcomes are between
> corporations and individuals. Consumer Protection plays a big part in this,
> for sure, but I think all you're pointing out is that if I ask the
> neighbor's kid next door to mow my lawn in exchange for $5, there are three
> likely outcomes:
>
> 1) He does it and I'm satisfied (99.999%)
> 2) He doesn't do it; I don't pay him, but I curse his name
> 3) (rarely) he doesn't do it, but I paid in advance and decide that $5 is
> worth going to war over
>
> In the normal case you're talking about, agreement was made to pay the
> cable bill by the 15th of the month, with a penalty associated for not doing
> so, and, surprise, cable bill went unpaid.
>
> These are not penal actions: these are merely breeches of contract.
>
> I can forget/forgive my next-door neighbor's kid for being a delinquent; if
> I have no familial/personal connection to a cable company, they ding me for
> a late payment.
>
>
> For example, if a person is late in making a payment, he/she
>> is typically subjected to a penalty (in addition to interest on the owed
>> amount,) if a corporation is late in making payments, its cannot be
>> subjected to a similar penalty by an individual.
>>
>
> My standard contract with my customers (who are mostly corporations)
> includes late fees. I have never assessed one. My understanding is that
> there are enough people who don't pay their cable bill on time that the
> cable company need not even have a business plan for delivery of
> pay-per-view movies, they can just be profitable based on late fees.
>
> You're making a distinction where there is none.
>
> For me? I like Contract Law. I liken it to indoor plumbing. Get rid of
> it, and I'm no longer interested in living in this world.
>
>
> /jordan
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