The argument "it was in the contract" doesn't connect with most people when the contract specifies something that is so strongly against common sense. The Libertarian desire of having almost arbitrary contract clauses, that is, anything goes as long as consenting adults are agreeing to it, resonates with me personally but I fully understand it's utopian. Most people simply don't think, and won't ever think, like that - and this is why BMW failed badly here.
Dystopian, more like. It's fine when the parties to the contract are of similar size, but the vast majority of contracts are between relatively powerful entities who write the contract and relatively powerless entities who like it or lump it. That needs a thumb on the scales to stop the more powerful entity taking unreasonable advantage.
