According to the one satisfaction rule, the past loss and future loss caused by
the same action are treated as a whole, lead to legal action based on single
cause of action, and damages is not awarded for each period as the damage
increases periodically. This principle applies to damages that are foreseeable or
strictly foreseen to occur in the future when the damage has occurred. The loss
of income is a kind of future loss due to the fact that the loss occurs after the
time of calculation of damages. The one satisfaction rule applies to the future
loss that are caused by actions amounting to unfair competition. The 11th
Chamber of the Turkish Court of Appeal ruled that, unless there is a request,
the loss of income caused by the actions amounting to unfair competition shall
be calculated up until the date of the action. This article discusses whether this
decision of the 11th Chamber of Turkish Court of Appeal is contrary to the
one satisfaction rule.
Damages one satisfaction rule unfair competition future loss principle of not ruling beyond the complaint
Primary Language | Turkish |
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Subjects | Law in Context |
Journal Section | Research Article |
Authors | |
Publication Date | January 15, 2019 |
Published in Issue | Year 2018 Volume: 76 Issue: 4 |
Journal of Ankara Bar Association adopts the Turkish Legal Citation System (TÜHAS) citation system.