ACCUMULATION OF CASES
The situation that arises when the claimant asserts multiple principal claims against the same defendant in a statement of claim, provided that the claims fall entirely within the same type of proceedings and that the court where the case was filed has jurisdiction over all of the claims, is referred to as the accumulation of cases, i.e. objective joinder of cases.
All claims subject to the lawsuit may be accepted or rejected, or some may be accepted and some rejected. The purpose of initiating this type of lawsuit is to ensure procedural economy and to prevent conflicting decisions.
… TO THE PRESIDENCY/JUDGESHIP OF THE COURT
PLAINTIFF:
ADDRESS:
ATTORNEY:
ADDRESS:
DEFENDANT:
ADDRESS:
SUBJECT: The plaintiff’s claim for compensation for the amount the defendant is required to pay under the contract and for the material and moral damages suffered as a result of the wrongful act.
EXPLANATIONS:
1-The client and the defendant agreed on the sale of two press machines with … features for … TL. The client manufactured and delivered the press machines to the defendant in accordance with the contract.
2-Despite the passage of two months since the contract was signed, the defendant failed to perform its obligation. The client went to the defendant’s place of business and sought to discuss the matter of performance with the defendant. During the meeting, an argument ensued, and the defendant verbally abused the client, used profanity, and physically assaulted him. As the client was leaving, he also saw that the defendant’s employees had broken the window of his vehicle.
3-According to the client’s findings, his vehicle sustained damage amounting to 13,500 TL, and he was forced to incur 1,200 TL in medical expenses due to the assault he suffered. The client also suffered emotional distress and anguish as a result of the treatment he was subjected to.
4-It has become necessary for us to file this lawsuit for the material and moral damages suffered by the client due to the wrongful act of breach of contract.
LEGAL GROUNDS: Provisions of the Turkish Code of Obligations, Turkish Commercial Code, Code of Civil Procedure, Enforcement and Bankruptcy Code, and other relevant legislation.
LEGAL EVIDENCE: Contract dated …, Camera Recordings, Witnesses, Expert Examination, all types of legal evidence.
CONCLUSION AND REQUEST:
1-That our claim be ACCEPTED and that the defendant be ordered to PAY the amount of … TL owed to the client, together with the applicable legal/commercial interest,
2-The payment of … TL in material damages and … TL in moral damages, together with legal interest, to the client for the wrongful act suffered,
3-We request, on behalf of our client, that the court order the opposing party to bear the costs of the proceedings and the attorney’s fees. …/…/…
PLAINTIFF’S ATTORNEY