AN ASSESSMENT OF THE DECISION OF TURKISH COURT OF APPEAL ABOUT THE EFFECTS OF ONE SATISFACTION RULE ON THE CALCULATION OF DAMAGES

According to the one satisfaction rule, the past loss and future loss caused by the same action are treated as a whole, lead to legal action based on single cause of action, and damages is not awarded for each period as the damage increases periodically. This principle applies to damages that are foreseeable or strictly foreseen to occur in the future when the damage has occurred. The loss of income is a kind of future loss due to the fact that the loss occurs after the time of calculation of damages. The one satisfaction rule applies to the future loss that are caused by actions amounting to unfair competition. The 11th Chamber of the Turkish Court of Appeal ruled that, unless there is a request, the loss of income caused by the actions amounting to unfair competition shall be calculated up until the date of the action. This article discusses whether this decision of the 11th Chamber of Turkish Court of Appeal is contrary to the one satisfaction rule