ANLAŞMAMIZ VARDI...

ANLAŞMAMIZ VARDI... Would you fly off the top of the Yavuz Sultan Selim Bridge with a hang glider for a $1,000,000? Would you jump off Galata Tower with a parachute for $500,000? Most people would not. I don't want to give any ideas to young daredevils out there. Most people's reactions would be, "Of course not; it's a very dangerous stunt!" But what if you entered into a contract where you agreed to do it? What would happen if you backed out? We'll go back to this later.

"Anlaşmamız Vardı..." we had a deal. And when someone breaks that deal, the other side gets angry and sues. That's basically how contract law works. We call this "breach of contract." In plain words, it essentially means "breaking a promise." This could mean not making a tanker delivery of 5,000 gallons unleaded fuel to a gas station. It could mean not paying a textile designer for expensive fabrics imported from overseas. It could mean a music artist not showing up to sing at a concert. But before we talk about BREAKING a contract, let's first look at how a contract is FORMED.

Why is it important to look at how a contract is formed? Because it isn't always what everyone thinks. Some people believe that a contract must absolutely be in writing... sometimes notarized, and maybe with other legal requirements. It's really simpler than that. It doesn't necessarily have to be in writing - https://www.communityabroad.com/turkish/post/1000000049418 You need an offer. In other words, "I want to buy your Toyota Corolla for $10,000." You need an acceptance. "I accept your offer to buy my car." You also need consideration somewhere in there. That's the $10,000... or the car. "Consideration" means money or something of value.

The contract must be for something legal. It can't be an agreement for someone to break the law. Say that again. The contract must be for something LEGAL. So if you entered into a contract to engage in a stunt which is illegal, the contract is not enforceable. In other words, there is no contract. Jumping off Galata Tower - https://youtu.be/5feTVoUw9oQ Please do not attempt this. It is dangerous and illegal.

In addition to being for a legal act, the parties must deal fairly and honestly. If someone lied about something in contract, that means fraud, and that is a dealbreaker. Someone is selling their Jeep and says it has less than 20,000 miles. If that Jeep has over 200,000 miles, and the seller lied about it, that's fraud. There is no "meeting of the minds."

What does all this mean in terms of practical value? It means pay attention to business dealings where agreements are made. Someone could very easily enter into a contract without signing any papers with a pen. All you need is an offer, acceptance, consideration, and a few of these basic conditions. It must be absent of fraud. There cannot be any undue pressure or duress. And the contract must be lawful. If you're a filmmaker and you enter a contract to provide imagery of airliners where you use a drone, such as this kind of footage here https://youtu.be/jzXmxjGbeIk, it must be possible to do so in accordance with local aviation regulations.

In terms of writing, people do put their important contracts in writing. So please do read your important contracts carefully - https://www.communityabroad.com/turkish/post/1000000048712 I just wanted to make the point that we enter contracts every day, sometimes without even realizing it. Putting things in writing is always a good policy, but sometimes it could hinge on a handshake and the words... "Anlaşmamız Vardı!"

Good Luck - Kendinize İyi Bakın

Avukat Timur Akpınar

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