The courts aren't necessary for the voluntary agreement or trade to take place. They are only necessary when one side defaults on the agreement in some way. They really aren't even required then most of the time as reasonable people can usually find a way to correct the situation.
@driftdiver Not precisely true - Weights and measures, content guarantee, truth in advertising... All of these are legitimate functions of regulation
But until now, they had no bearing until the contract was made. No one as standing without an action causing damages.
This guy is being forced to pay damages for not entering the contract in the first place. That's the difference. Penalization for *not* doing something. Not a matter of negligence, which would be actionable, but rather, non-participation. Refusing to contract.
The damage this does is immense. It is the precedence for governmental fiat and favoritism - to make you sell, and make you buy, against your will. There is literally no end to it.
@Oceander @Bigun