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The contract could have fines for breaking this rule, or the property owner could require guests to agree to a fine in an additional contract on top of the stan
by rdancer 11y ago
The contract could have fines for breaking this rule, or the property owner could require guests to agree to a fine in an additional contract on top of the standard terms.
But the company has historically never had qualms about screwing their customers over, so I wouldn't hold my breath.
- dragonwriter 11y ago> The contract could have fines for breaking this rule It might have a liquidated damages clause if the use of and stipulated amount of liquidated damages was such as to be found reasonable for the type of breach it covers; otherwise, a "fine" in a contract is generally an unenforceable penalty clause.
- sandworm101 11y ago> The contract could have fines for breaking this rule Small legal point. Contracts are not allowed to impose fines. They can cite liquidated damages (what most people see as a fine) but they have to be rationally related to the damage done by the activity described. They cannot be arbitrary or elevated simply to deter unwanted behavior. Yes, this is and issue when it comes to "parking tickets" on private property. 500$ fee to accommodate a cleaning crew = 0k. 5,000$ fine for pain and suffering caused by naked people in someone's home = not enforceable.
- icebraining 11y agoCan't you say that you charge $5000 for commercial use, which the client automatically accepts when they do a commercial activity in the house? After all, isn't that essentially how overdraft fees work? "Oh, you want to withdraw $2 when your balance is $1? That constitutes a request for a loan, for which we charge a $35 fee."