Re:The Rise of Airbnb's Full-Time Landlords
by imgabe on Tuesday November 10, 2015 @07:36PM
(#10543863)
If it's defined as the payment for damages owed, then it is de facto a choice to either not do the damages, or to pay for them.
There's always a choice. People aren't automatons. We can't pull strings and make them do what we want. All we can do is offer incentives and penalties. If those aren't aligned in such a way to produce the behaviors we want, then they need to be adjusted. Don't get mad at people for responding in a logical way to the incentives that exist. Fix the incentives or deal with it.
I'm curious how you think people adhere to contracts then. Mind control? Magic? How else could they possibly do it except that they choose to?
There is a difference between an agreement that grants a choice, and an agreement which includes specified obligations and a specified predefined payments due for particular breaches. They are not equivalent, and the breaching the obligation in favor of accepting the preset consequences in the latter case is still breaking the agreement.
And, anyway, the security deposit discussed upthread is neither a predefined payment for breach nor an option in lieu of performing some other obligation in most rental contracts, its a deposit in advance against potential liability for damages owed by the tenant to the landlord; so your response seems to be a non-sequitur on several levels.