If it's defined as the payment for damages owed, then it is de facto a choice to either not do the damages, or to pay for them. There's always a choice. People

If it's defined as the payment for damages owed, then it is de facto a choice to either not do the damages, or to pay for them. There's always a choice. People aren't automatons. We can't pull strings and make them do what we want. All we can do is offer incentives and penalties. If those aren't aligned in such a way to produce the behaviors we want, then they need to be adjusted. Don't get mad at people for responding in a logical way to the incentives that exist. Fix the incentives or deal with it. I'm curious how you think people adhere to contracts then. Mind control? Magic? How else could they possibly do it except that they choose to?