Özet:

The scope of compensation liability resulting from the infringement of the agreement in terms of recipient is attempted to be limited within the framework of different principles. Because the limitation of the scope of compensation liability may in some cases lead to excessive and unfair consequences. In the British law, which sets a variety of principles in limiting compensation liability in terms of scope, the original limit of debtor’s contractual liability is drawn up by the rule of predictability (the rule of remoteness). The basic principles in the framework of the predictability principle, which has contributed greatly to the development of the British drinking law, are essentially determined by Decision Hadley v Baxendale13. In this regard, first, on the basis of the information that the debtor who has a normal life experience in the course of life knows or should know at the time of the contract is established, it will be attempted to determine whether the infringement occurring is predictable from the debtor’s point of view. Secondly, the possibilities which the Contracting Parties have taken specifically into account at the time of the contract shall be assessed and shall be taken into account whether the infringement that occurs within this scope is foreseeable from the debtor’s point of view. As a result, the debtor shall not be held liable against the recipient for the damages that he cannot foresee as a result of the infringement. However, as the implementation of the two-step trials in all cases is not considered sufficient to ensure the fairness of the concrete event; the matter continues to develop and change in the British law in the framework of court decisions.

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