4 ms·
No, but if the court orders it and he refuses, can that not be construed as contempt of court? People definitely go to jail for that.
by genocidicbunny 4y ago
No, but if the court orders it and he refuses, can that not be construed as contempt of court? People definitely go to jail for that.
- b112 4y agoThat's criminal, not civil court. Civil court works on fiscal, property to mitigate damage. If he is found to breach contract, a court could order seizure of assets (cash or property). There could be punitive damages assessed too, if his actions are seen as purposefully malign.
- phrz 4y agoAre you under the impression that judges presiding over civil cases cannot exercise their inherent power (in some jurisdictions) to jail those in (severe) contempt of court?
- b112 4y agoTo both replies, I agree contempt of court is a thing. I misspoke. What I mean is, the remedy for non-compliance with contracts, is fiscal, seizure, penalties of thus nature. The goal of civil court is not the state punishing, but instead, laying out compensation, for damages, to the harmed. There is no contempt of court for not paying these damages.
- z3phyr 4y ago> There is no contempt of court for not paying these damages. Then how does the civil court function? If nobody follows the courts order, the court is redundantly illegitimate.
- b112 4y agoThere is no ability to not comply. Seizure of assets is handled with financial institutions complying, and with the police backing up court seizures for physical assets. No one is going to assault a cop, or have their bank shut down due to non compliance. Where I am, what often happens is the damaged party has papers showing debt owed. It then becomes a colllection issue, sometimes, in some jurisdictions court takes an active role, in others, you have to do the work yourself. Eg, you have to find their bank, hire a sheriff(the seizure kind), and go get what is now "your stuff".
- encryptluks2 4y agoIf there was then a lot of America would become slaves by not paying their debts. There may be contempt here though if Elon does something to really piss off the courts.
- genocidicbunny 4y agoBut at that point it's not just non-compliance with a contract, its non-compliance with a court order.
- Retric 4y agoContempt of court is independent of the original cases criminal vs civil distinction. You can have criminal contempt in a civil case and criminal contempt in a civil case. The rules vary by state but in PA it’s civil contempt is used to force people to comply where criminal is punishment for disobedience.