You should read some of Larry Lessig's work on this topic. If every law was enforced strictly to the letter, the world would be a very different place than it is now. You would get a ticket for going 0.1 mph over the speed limit. You couldn't spend $1 over your credit limit on your card. Your landlord would penalize you for being 1 day late. Every cancellation policy at every hotel would always be rigidly enforced.

The point is lowering the cost in the common case while still providing recourse in exceptional circumstances. That, in my mind, is still a huge net positive.