Tort Law and Unjust Enrichment

Öğr. Gör. Begüm Yiğit

06.11.2023
 Torts

When one person acts beyond the restrictions imposed by law upon
individual conduct, the acts become unlawful.

If an unlawful act results in an injury to another, the law requires that

redress be made in the form of compensation for such injuries.

Such an unlawful act may give rise to tortious liability.

 Legal Framework of Torts

The general rules of torts are regulated under the Code of Obligations.

In addition to the civil sanctions against unlawful acts, certain unlawful

acts may also be punished under the provisions of the Penal Code.
 Tortious Liability

4 conditions for tortious liability:

1. Unlawful act

2. Damage

3. Adequate causation

4. Fault
 Unlawful Act
Any act prohibited by law is unlawful.
In exceptional cases, otherwise unlawful acts may be considered lawful.
Such exceptional cases are called as "grounds for justification".
One of them is the legally valid consent by the injured persons.
E.g. It would normally be unlawful to cut into someone's body. However,
a surgeon doing that with the consent of the patient would not be acting
unlawful.
 Damage
The second requirement for tortious liability is damage to another
person.

Damages may be material (pecuniary) or immaterial (non-pecuniary).

When a house is burned, the damage is material because there is a

reduction of economic assets of the victim.

A person may also suffer non-pecuniary losses due to the infringement

of personal rights. Here, the damage suffered is of an emotional nature.
 Adequate Causation

The third condition is the existence of causal link between the unlawful
act and the damage.

The damage in question shall, in the normal course of events, be a

probable outcome of the unlawful act in question.
 Fault

Tortious liability is in principle fault-based.

A person is at fault, if he/she has committed the unlawful act causing

the damage, intentionally or negligently.

E.g. A person punching another person in the face has acted intentionally.

A person - not showing the required degree of care - and spilling hot
coffee on another is negligent.
 Liability Without Fault

Although fault-based liability is the rule under Turkish law, exceptions

to that are found in the law, where liability is established without fault.

Examples: Liability of the employer for damages caused by the

employee (CO Art 66), liability of the keeper of an animal for damages
caused by the animal (CO Art 67).
 Compensation of Damages

If the conditions of tortious liability exist and proved by the injured

party (CO Art 50), he/she is entitled to compensation for the
losses/damages suffered.

(CO Art 51) The judge determines the amount of compensation after
taking into account all circumstances and particularly the degree of
fault on the part of the tortfeasor.
 Unjust Enrichment

If a person is enriched at the expense of another without a valid cause,

he/she has to return the enrichment (CO Art 77).

Typical example: Unjust enrichment may occur in the context of

invalid contracts.
A and B conclude a sales contract, which is invalid. A, thinking that he
is bound by the contract, pays the sales price. B is enriched, and
because the contract is invalid, such enrichment lacks a valid ground.
A may ask B to return the money relying on unjust enrichment.