4 ms·

"Every contract or duty within the Uniform Commercial Code imposes an obligation of good faith in its performance and enforcement." US UCC 1-304. Every contra

"Every contract or duty within the Uniform Commercial Code imposes an obligation of good faith in its performance and enforcement." US UCC 1-304. Every contract starts with the assumption that both parties are inclined to perform as stated. Viewing a contract as "putting a price tag on bad faith" is a very good way to get hit with treble damages in court.

imgabe 11y ago
Then the landlords should have no problem suing and receiving treble damages, rendering this practice unprofitable.
- 7Figures2Commas 11y ago
  The law doesn't hand out treble damages like candy. Please explain the legal basis under which landlords are going to magically receive these for civil breach of contract claims.
  - imgabe 11y ago
    The comment above me literally cited the relevant piece of the code under which treble damages could be pursued. If leasing an apartment is as reprehensible as so many people here seem to think, then landlords should have no trouble convincing a judge that the person doing so entered into a contract in bad faith.
    - 7Figures2Commas 11y ago
      > The comment above me literally cited the relevant piece of the code under which treble damages could be pursued. I see. So you're not a real lawyer, you just pretend to be one on HN.
      - imgabe 11y ago
        Not once did I ever claim to be a lawyer.
        7Figures2Commas 11y ago
        You could have fooled me with all of your seemingly confident talk about treble damages, which in reality is incredibly ill-informed.
        imgabe 11y ago
        First, I'm not responsible for your assumptions. If you're taking legal advice from strangers on an Internet forum, then as your absolutely-not-a-lawyer I advise you not to do that. Second, I didn't bring up treble damages, the comment I was replying to did. I was simply drawing a logical conclusion based on the information they provided.
- breischl 11y ago
  If you're dealing with a larger property manager, they might. If you're dealing with a small-time landlord, it may be difficult for them to deal with the legal fees to get to that point. I'm guessing most would just eat the cost - once. In either case the leases and the vetting process become that much worse for everyone else. Maybe the landlord starts doing random inspections to check for this. Basically everyone else's life gets a little worse. Tragedy of the commons, this is why we can't have nice things, etc etc.

imgabe 11y ago

Then the landlords should have no problem suing and receiving treble damages, rendering this practice unprofitable.

7Figures2Commas 11y ago
The law doesn't hand out treble damages like candy. Please explain the legal basis under which landlords are going to magically receive these for civil breach of contract claims.
- imgabe 11y ago
  The comment above me literally cited the relevant piece of the code under which treble damages could be pursued. If leasing an apartment is as reprehensible as so many people here seem to think, then landlords should have no trouble convincing a judge that the person doing so entered into a contract in bad faith.
  - 7Figures2Commas 11y ago
    > The comment above me literally cited the relevant piece of the code under which treble damages could be pursued. I see. So you're not a real lawyer, you just pretend to be one on HN.
    - imgabe 11y ago
      Not once did I ever claim to be a lawyer.
      - 7Figures2Commas 11y ago
        You could have fooled me with all of your seemingly confident talk about treble damages, which in reality is incredibly ill-informed.
        imgabe 11y ago
        First, I'm not responsible for your assumptions. If you're taking legal advice from strangers on an Internet forum, then as your absolutely-not-a-lawyer I advise you not to do that. Second, I didn't bring up treble damages, the comment I was replying to did. I was simply drawing a logical conclusion based on the information they provided.
breischl 11y ago
If you're dealing with a larger property manager, they might. If you're dealing with a small-time landlord, it may be difficult for them to deal with the legal fees to get to that point. I'm guessing most would just eat the cost - once. In either case the leases and the vetting process become that much worse for everyone else. Maybe the landlord starts doing random inspections to check for this. Basically everyone else's life gets a little worse. Tragedy of the commons, this is why we can't have nice things, etc etc.