Foundations of Law

Case Studies

Case 1
Ali is 15 years old. He lives in Izmir and works for a department store. His father has passed away few years ago and her mother lives in Ankara. Ali buys a motorcycle for 2.000.-YTL. from his boss with the money he saved, and writes a letter to his mom to inform her. The mother, though not happy with the news, does not reply. On a week-end, after drinking a lot of alcohol with his friend, Ali starts driving his motorcycle and while going fast through a neighborhood hits a little girl of age 2, Serap, causing her death. Seraps widow mother, Asl, who is 17, comes to the accident area and starts to dispute with Ali. Meanwhile, Asls mentally ill brother Oktay takes a knife and strikes Tolga who is there by chance and makes his living by the financial helps of others.

Questions
What is the Alis capacity? Does he have the right to apply to be declared to be of full age (reit)? Is the contract Ali made with his boss a valid one? Is Ali responsible from the death of Serap? What is the capacity of Asl? Does she have the right to apply to the Court for damages of her daughters death? Is Oktay responsible and can he be a part of an action in the Court?

Case 2
Alp who is living in Izmir, send a letter to Serdar who lives in Bursa on 26 December 2007 stating that he has all kind of machines and equipments to establish a cigarette factory and if accepted he can send all the necessary things and qualified men for 100.000.-YTL. He also writes that the issues like shipping and packaging may be discussed later. The mail arrives to Serdars address on 28 December and Serdar reads it on 29. On December 30th, Serdar writes back an acceptance letter. Alp receives this letter on January 5 and reads it on the same day.

Questions
Can you say that there exist any contract in the case? Explain. Is Alp bound with the offer he made? If yes how long? If there is a contract between the parties when (on what day) the contract is accepted to be signed? If the parties can not agree with the shipping and packaging issues, do these affect the validity of the contract? What happens if Serdar dies one day after Alp sends his offer? What happens if Alp dies or gets mentally ill on the same day he sends his offer?

Case 3
Alp, with the notice published in newspapers, makes it public that he wants to sell two of his parcels. Ahmet who wants to buy the one which is located on the main avenue agrees with Alp to buy it on December 27 for 100.000.-YTL. While they are in Land Registry Office, Ahmet makes a mistake and gives his signature for the one who is located behind the one he wants to buy. Two years later, noticing that the parcel did not gain any value, Ahmet decides not to sell but to use it to grow agricultural products. But Alp sues Ahmet for working on the wrong parcel and gains the case Ahmet, after understanding the mistake he made and seeing that the parcel has lost 30% of its value, apply for the annulment of the contract and wants back the money he paid two years ago. Alp on the other hand states that he is ready to correct the mistake and change the parcel with the one Ahmet wants, but he wont accept the annulment as the statutory period of limitation has elapsed and wont pay the money back therefore.

Questions
May Ahmet applies for the annulment of the contract because the fraud of Alp? May Ahmet gain a case in the court if he requires the annulment because of his mistake? Is Alp right when he says that the statutory period of limitation has elapsed for the annulment? If Ahmet annuls the contract, may Alp force him to pay for the loses in the value? May Ahmet annul the contract although Alp accept to give him the real parcel? Think that Ahmet bought the right parcel thinking that the parcel will gain value in a year. Is it possible for him to annul the contract because the parcel lost the value?

Case 4
Can decides to marry with his fiance and makes an agreement with ar for a complete line of home decoration. They also agree that the delivery date will be the January 23. This is the date the honeymoon couple will be back in the city. On January 23, Can sends a truck to ar to pick up his orders, but ar does not deliver the goods. As there is nothing in the house, Can and his wife get a room in a hotel.

Questions
Are the conditions of default realized ? May Can buy the same goods from somewhere else? What should Can do to cancel the contract? If he can cancel the contract, will he be able to get damages? May Can ask for damages staying in the contract but only canceling the orders? Suppose the goods Can wants are only manufactured by ar, and Can still wants them, what should he do? Suppose ar has manufactured the goods and put them in a corner but the goods burn in a fire before January 23. How can he get rid of from his responsibility?

Case 5
Selim wants to construct a house in his land. But while doing that he pass over to his neighbors, Sedas land and cuts four trees of walnut.

Questions
May Seda stop Selims construction ? In what way ? Suppose that Selim did not start yet to the construction. May Seda stop him ? Does Seda have any rights over the walnut trees ?

Case 6
Ali wants to buy a wedding present for his daughter Betul who is 17 and about to marry. They go to the carpet shop and make deal with Osman, the owner. Osman is a legally limited person, but as his guardian is not there yet he decides to sell the carpet, Ali, without this knowledge pay 1 billion TL and buys the carpet, Leaving the shop, Ali and Betul go to the jewelry and buy a diamond ring for 1 biilion TL. They also go to a tv shop where their friend Yasar works. As Ali is out of money they make an agreement and Betul signs it as the guarantor.

Case 6

Ctnd.

On the wedding day, on of the guests, Isik, sees the ring of Betul. Inspecting the ring, she finds out that this is the ring she lost few months ago. After the ceremony she talks to the family and requests back the ring. At the same time, a friend of Ali tells him that Osman is a legally limited person. The next day Ali goes to carpet shop and talks to the guardian of Osman about the situation. The guardian who thinks that the selling prices of carpets rose 30% does not give his permission (ratification).

Case 6

Ctnd.

After two months, Yasar sues Ali and his daughter Betul for not paying the price of the tv as agreed.

Questions
Is the sales agreement between Ali and Osman a valid one ? Can the guardian claim it is not ? Does the guardian have any time limit for such a claim ? Is the sales agreement between Ali and Yasar a valid one ? Is it possible for Betul to become a guarantor in this agreement ? What if Ali gives his permission to Betul to become guarantor ?

Questions
Does the marriage of Betul affect your answer ? Does Isik have the right to sue Betul for the return of the ring ? How can Betul defend herself ? Who has the burden of proof in such a case ?

Case 7
Ali promises to Selim that he is going to assign his rights to claim resulting from the transaction he has with Hakan. Selim, being afraid that Ali will not keep his promise, request him to write the promise in a document. Ali accepts this offer. They goes to their common friend Tolga. They explains the situation. Tolga writes the offer in a paper, Ali signs it and gives it to Selim.

Questions
What is the legal transaction between Ali and Selim ? Is this transaction bound by a legal form? Do the parties have the freedom to precise a legal form for a transaction ? If yes what is the role of the form What if Ali does not take any action to fulfill his obligatrion ?

Case 8
Alis car is broken and needs to be fixed. He makes an agreement with Remzi, the owner of a car service company and delivers the car to him. Remzi assigns Ihsan, one of his employee, with the repair. To test the car, Ihsan takes it for a drive. Although Zeki, another employee in the service, is not ordered to help, joins him. While driving, Ihsan loses the control of the car and crashes it. The car is overturned, gets fire and burns totally.

Case 8 Ctnd.
Heavily wounded Ihsan and Zeki are taken to the hospital but they lose their lives there. After a while, Attorney General files a penal lawsuit against Remzi to cause the death of a person. At the end of the trial, the Court decides that the guilt in the case is belong to Ihsan and Remzi is found unguilty of all charges.

Questions
Who is responsible for the damages of Ali ? Do you think Ali and Remzi have any responsibility for the death of Zeki ? Does the decision of the penal court that found Remzi unguilty is a must to obey for the legal court ? What are the timelimits to open an action in court against the ones who are responsible in the case ?

Case 9
Ali, claiming that he has a share inherited from his father on the land of Burhan, file a lawsuit for the correction of Land Registry. Ali won the case but although the decision gained certainty, he did not go to the Registry to implement the decision. At the same time, Burhan sold the land to Cevdet, the lawyer of Ali. And Cevdet sold the land to Derya and realized all the Registry procedures in favor of him.

Questions
Does Ali gained the ownership of the land ? Does Cevdet gained the ownership of the land ? Does Derya gained the ownership of the land ? If he did, what can Ali do for his damages ?

Case 10
Oya, who works as an Export Manager in Toprak naat Limited irketi, goes to Istanbul to attend a traid fair. In the fair, she meets with Selim, accounting manager of Turgutlu Tula Sanayi Anonim irketi. Oya convinces Selim to sell 100.000 pieces of brick for 1.YTL/pieces. They make an agreement and sign it in behalf of their companies. The payment will be made in advance and the delivery will be made 30 days after the payment.

Questions
Is there a contract about the bricks in the case ? Suppose that Toprak naat Ltd. ti. makes the advance payment but the bricks are not delivered a month after. Can you say that the condition of default are realized ? Explain the rights of Toprak naat Limited irketi once the default realized. Turgutlu Tula San. A.. has manufactured the bricks and put them in their stock but the bricks are all crushed with an earthquake before the delivery. Is there any possibility for the company to get rid of from responsibility?