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II. HEADS OF SYE CLAIM
1.7 Question 7. What are the consequences for SYE’s claim of the terms of…
It is noted that article 17.6 of the contract contains a provision that limits parties’…
In light of this basic information, if we move on to interpretation of the clause…
In paragraphs 1.2.17 of its submission dated 14 June 2013, the contractor asserts…
1.8 Question 8. Are there any issues arising from SYE’s claim for loss of…
There is no special method in calculation of the non-pecuniary damages. The appraisal…
“When deciding the amount of non-pecuniary damages, the judge shall take into account the title of the parties, the position they occupy and other social and economic statuses.” In addition, I should also state that, the Turkish Code of Obligations has not introduced…
According to the Turkish Code of Obligations, the claim for non-pecuniary damages…
However, if the claim for non-pecuniary damages relies on breach of contract, then…
If the contractor asserts that it has suffered non-pecuniary damage due to unjust…
(i) the employer’s termination of the contract is contrary to law (contract, ob…
(ii) the employer’s act to terminate the contract breaches the contractor`s personal…
(iii) there is adequate casual link between the employer’s act to terminate the…
If the contractor fails to prove any of the above, its claim for loss of reputation…
Indeed, in order for a commercial corporation to be entitled to a claim of non-pecuniary…
As also felicitously put by Arıdemir who discusses this issue in its thesis titled…
“ … To accept damage to goodwill, existence of acts that diminish the value invested by the society in the tradesman’s solvency or commercial abilities must be determined. It is also accepted that own subjective evaluation of the tradesman do not hold significance in terms of goodwill characterized as an objective concept. It is not the loss of reputation of the tradesman before the society, but loss of reliability and respect invested in it by the sector or environment in which it does business are of critical importance and sufficient in accepting damage to goodwill. … ”…
Therefore, if the claimant fails to assert a relevant claim in fact
1.9 Question 9. The consequence of encashment of the securities on SYE’s loss. SYE say that in consequence of the encashment of the securities, SYE were required to take out a credit facility and that is the cost claimed. SYE’s factual position is narrated at paragraph 77(iii) of the Statement of Claim. Please also consider and respond to the issues raised by SYE in their Submissions dated 14 June 2013 at paragraph 1.2.15. The Tribunal has asked whether there is a foreseeability issue if a party acts in an unorthodox or unusual manner. What issues arise in Turkish law?…
The contractor must first prove that the employer has unrightfully liquidated the…
In addition, the claimant must also prove that there is adequate causal link between…
In order to accept the causal link between the action in contravention of obligation…
It is very normal, and even inevitable that the bank had recourse to the beneficiary…
I. GENERAL ISSUES
III. HEADS OF M COUNTERCLAIM
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