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Picture this scenario. Ahmet and Canan are very much in love. Ahmet wishes to propose to Canan in Paris using a skywriting plane that will write, "Will You Marry Me?" He signs a contract for $2,000 with a skywriter pilot. On the morning of the skywriting, a fog rolls in and makes it impossible to see anything beyond the bottom half of the Eiffel Tower? Will Ahmet be able to get out of this contract?
- The pilot demands his $2,000 and says, "We had a contract here."
- Ahmet argues, "The fog made our contract pointless. My fiancée would not see my marriage proposal in the sky through the fog."
- The pilot says, "Too bad. The weather is not my problem. A contract is a contract. You owe me $2,000!"
How will this situation be handled under contract law? A contract is a contract, as the pilot says. He set aside his time. He purchased gasoline. But Ahmet also has a valid point. The whole purpose of the contract was for Canan to see his marriage proposal in the sky. The fog defeated the entire purpose of the contract. We call this principle "frustration of purpose." And it's worth noting that contracts don't always need to be in writing - ANLAŞMAMIZ VARDI... https://www.communityabroad.com/turkish/post/1000000050907
Av.Özden ŞAHİN| DEVREMÜLK SATIŞ SÖZLEŞMESİ İMZALADIM. İPTAL EDEBİLİR MİYİM? https://youtu.be/28s4T98AOO0?si=DldEzhnszWMFe03J
While the legal principle of "frustration of purpose" may seem interesting, real life is often more practical. Courts will often look to the terms of the contract. They will see what the contract says if one side wants to get out of the contract. These clauses are often at the very end in fine print. ÖNEMLİ SÖZLEŞMELERE GELİNCE, BAZEN SON SAYFADAN BAŞLAYIP ÖNE DOĞRU OKUYANLAR VAR... NEDEN SİZCE? https://www.communityabroad.com/turkish/post/1000000052755
Sözleşme Nedir, Ne değildir? - Av. Serhad Şahin https://youtu.be/P7tpKtyFPNs?si=Xe2U7_N9WQIykJ8-
If you have an important contract, read the provisions carefully, including the ones for cancellation, termination, and penalties for breaking the contract. If there is a dispute between the two sides, the court will first look at these things before it turns to more creative legal theories, such as "frustration of purpose."
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Avukat Timur Akpinar
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