ACCUMULATION OF CLAIMS
The situation that occurs when the plaintiff asserts more than one substantive claim against the same defendant with a lawsuit petition, provided that the claims are included in the same type of proceedings and the common competent court for all of the claims is the court where the lawsuit is filed, is called the accumulation of cases, i.e. objective case consolidation.
All of the claims subject to the lawsuit may be accepted or rejected, or some of them may be accepted and some of them may be rejected. By filing this type of lawsuit, both procedural economy is observed and it is aimed to prevent contradictory decisions.
TO THE … COURT JUDGE/PRESIDENCY
PLAINTIFF :
ADDRESS :
DEFENDANT :
ADDRESS :
DEFENDANT :
ADDRESS :
SUBJECT :It is the demand for compensation of the price that the defendant should pay to the client in accordance with the contract and the material and moral damages suffered due to the wrongful act.
EXPLANATIONS :
1-The client and the defendant … agreed on the sale of two press machines with the characteristics of … TL. The client made and delivered the press machines to the defendant in accordance with the contract.
2-After 2 months from the contract, when the defendant did not fulfil its performance, the client went to the defendant’s workplace and wanted to discuss the performance issue with the defendant. Upon the discussion during the meeting, the defendant verbally insulted the client, swore at him and actually assaulted him. The client also saw that the window of his car was broken by the defendant’s employees while leaving.
3-According to the determinations made by the client, the damage to his vehicle amounted to 13.500 TL and he had to pay 1.200 TL health expenses due to the beating he was subjected to. The client also suffered moral anguish and anguish due to the treatment he was subjected to.
4- We have had the necessity to file this lawsuit for the material and moral damages incurred by the client due to the tortious act due to breach of contract.
LEGAL GROUNDS : TCO, TCC, HMK, İİK and other relevant legislation provisions
LEGAL EVIDENCE: … Dated contract, Camera Records, Witness, Expert examination, all kinds of legal evidence.
CONCLUSION AND REQUEST:
1-Acceptance of our lawsuit and PAYMENT of the amount of … TL that the defendant should pay to the client with legal / commercial interest to be accrued,
2-Payment of … TL pecuniary damages and … TL non-pecuniary damages to the client due to the wrongful act he was exposed to, together with legal interest,
3-We request by proxy on behalf of our client to be decided to impose the judicial expenses and attorney’s fee on the other party. …/…/…
ATTORNEY FOR THE PLAINTIFF