Consumer wins against unfair penalty clause

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08 Sep 2009 00:00 by mariadecastro Star rating in Algeciras (Cadiz). 8276 posts Send private message

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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



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