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HUK 472 - Liability Law

Faculty of Law · Law · Undergraduate

ECTS: 3 T+P+L: 2+0+0 Departmental Elective
Coordinator: Arş. Gör. Dr. Muhammed Afif KAYA

Course Objective

This course aims to provide a systematic and practice-oriented understanding of the fundamental concepts, types, and mechanisms of liability under Turkish private law. Fault-based liability (Turkish Code of Obligations, Art. 49 et seq.) and strict liability — comprising equitable liability, liability based on a duty of care, and liability arising from hazardous activities — will be examined in depth within the framework of the Turkish Code of Obligations No. 6098. Additional topics include the comparison of contractual and tortious liability, the concurrence of grounds of liability (TCO Art. 60), the general principles of compensation law, types of damage, causation, and non-pecuniary damages. Students are expected to develop both a theoretical and applied mastery of liability law enabling them to resolve real-world disputes.

Course Content

Concept of liability law, its historical development and position within the law of obligations; types of liability: contractual liability and tortious liability, concurrence of grounds of liability,  exclusion agreements, prescription, analysis of selected Court of Cassation decisions through case studies.

Required Resources

M. Kemal Oğuzman / M. Turgut Öz (202x). Borçlar Hukuku Genel Hükümler Cilt 1-2. Vedat Kitapçılık.

Fikret Eren (202x). Borçlar Hukuku Genel Hükümler. Legem Yayıncılık.

Recommended Resources

Başak Baysal. Haksız Fiil Hukuku. Eylül 2019. On İki Levha Yayıncılık.

Course Learning Outcomes

  1. Explain the fundamental concepts of liability law and systematically distinguish between types of liability.
  2. Apply the fault-based liability to concrete factual scenarios.
  3. Compare and contrast strict liability categories in a comparative framework.
  4. Explain pecuniary and non-pecuniary damage concepts and the criteria for determining compensation.
  5. Apply the principle of concurrence of grounds of liability (TCO Art. 60) to legal disputes.
  6. Develop legal solutions to liability disputes by analysing current Court of Cassation decisions.

Teaching Methods

ExpressionQuestion-AnswerDiscussionExercise and PracticeCase Study

Assessment & Evaluation

HomeworkTesting (Essay / Tests: True-Falls, multiple-choice, short answer, matching)

ECTS / Workload

ActivityQuantityDuration (h)Total Workload
Course Duration (Including Exam Week)15230
Out of Class Study Period15230
Midterm122
Quiz000
Assignment000
Practice000
Final122

Course Schedule

WeekSubjectPreparation
1Introduction to the course; concept of liability law, historical development and its place within the law of obligationsReading
2Types of liability: contractual liability and tortious liability; concurrence of grounds of liabilityReading
3Elements of fault-based liability IReading
4Elements of fault-based liability IIReading
5Damage: pecuniary damage (actual loss and loss of profit) and non-pecuniary damageReading
6Causation: adequate causation theory, grounds interrupting the causal link and burden of proofReading
7Non-pecuniary damages: conditions, criteria for assessment and Court of Cassation practiceReading
8Midterm ExamMidterm Exam
9Strict liability: general principles and categories; equitable liability (TCO Art. 65)Reading
10Liability based on a duty of care I: liability of employers for employees (TCO Art. 66) and liability of animal keepers (TCO Art. 67)Reading
11Other duty-of-care liability cases; liability of building owners (TCO Art. 69)Reading
12Liability for hazardous activities: liability of motor vehicle operators (Road Traffic Act), liability for environmental pollutionReading
13Multiple tortfeasors: joint and several liability (TCO Art. 61) and the right of recourse among liable partiesReading
14Determination of compensation, grounds for reduction, exclusion agreements and prescriptionReading
15Case studies based on current Court of Cassation decisions; general review and evaluationFinal Exam
16Final ExamFinal Exam