Legal tip 136. Consumer wins against an unfair penalty clause
08 September 2009 @ 14:45
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.
North Africa from Atlanterra, Tarifa, Cádiz by Al S at Flickr.com