If I create an arbitrary class that does not implement Comparable, and try to use it as a treeset, it throws an exception at run time when an object is inserted:
<
TreeSet
is implemented that way because you can alternatively provide a Comparator, in which case the elements don't need to be Comparable. The only way to support both behaviors without splitting the implementation into multiple classes was to include runtime checks - this was simply a design decision by the author(s) of that class.
Exposing factory methods for TreeSet
instead of public constructors would've been a way to maintain compile time checks using stricter generic type constraints, but that would've been a break from the core collections API's convention of exposing public no-arg and copy constructors for its implementation classes. As you noted in your comment, Guava goes the factory route with its collections and IMHO is better off for it.