Consumer wins against unfair penalty clause

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08 Sep 2009 00:00 by mariadecastro Star rating in Algeciras (Cadiz). 7925 posts Send private message

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http://www.eyeonspain.com/blogs/costaluz/2211/legal-tip-136-consumer-wins-against-an-unfair-penalty-clause.aspx

Legal tip 136. Consumer wins against an unfair penalty clause
08 September 2009 @ 12:45

 

The refund of 100% of the  deposit  has been awarded by a First Instance Judge to a consumer who was challenging the clause by which the developer was keeping 50% of his amounts as a penalty clause.


 

The argument given by the lawyers to the Judge were mainly based on very basic and general principles of Contract Law such as reciprocity, balance, proportion... : out of almost commun sense I would say....


 

the developer is keeping the house, why is he also entitled to the 50% of  the deposit too?


 

This Consumer Law discipline is so challenging and down-to-earth!


 

It is actually the Law of these new times.


 


 

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Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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