I'm not sure that is as civilized as you think it is. Loser pays discourages any small company or individual from suing because the cost is too great if they lose.

But the thread here was talking about a slum dunk case of contract breach.

Even AWS contracts are vague enough to not make this a slam dunk. They pretty much explicitly say if you don’t store stuff in multiple regions you are going to take outages/data loss.

Does your civilized legal system also force the inevitable loser to front your legal fees while the case is ongoing? Or is it possible the plaintiff with deeper pockets can just stretch things out until the legal system has bled you dry and you must withdraw?