[npiazza83]

The court treats the actions of individuals on a case by case basis. Your analogy breaks down when codified into a business contract. By stipulating a course of action that may cause real financial harm. Even if they were to stipulate fines or other remedies in response to perceived financial harm on their part the enforcement of such penalties is not their responsibility. They have taken enforcement powers away from the government.

Think of it like this: If I'm a web developer and I haven't received payment for my services I can withhold those services or even retain control of the product I am providing or use the courts to enforce the contract, but if I used the client's credit card info to enforce fines and pay myself I have broken the law regardless of whether I put it in the contract.