Tek bir sözleşme olmasına rağmen ortada, farklı kişiler aynı şartları farklı şekilde görebilirler

There's a funny Nasreddin Hoca story about a monk who visits a village and asks who is the smartest man there. The people of the village offer their very own Hoca. Soon, the monk and Nasreddin are drawing lines and a circle in the sand and moving their hands around with great gusto. The monk is very impressed. He tells the villagers that Nasreddin is a genius. The story, featured in the video here is funny. And it says something about the way two people might see things differently in the SAME CONTRACT.

In the story, the monk thought that Nasreddin was explaining the circle and lines to be the earth, the equator, and oceans. "What a brilliant man!," the monk thinks. But Nasreddin later tells the villagers that he was only saying that the circle represented a tray of baklava, and his equator line meant he wanted half of it! İstanbul'un En İyi 3 Baklavacısını Test Ettik - https://youtu.be/csFVHrGhArM?si=lRO8gu1l0IgmHzNe

This makes for a funny story. But in real life, if two people see things in a contract differently, it could make for a lawsuit. Let's say a store in New York enters into a contract with an exporter in Istanbul to ship one ton of pistachios. When the nuts arrive, they are not the kind the store wanted, and they are spoiled. The store owner withholds payment, the Istanbul exporter sues, and both find themselves in court.

The court will look at these elements -

(1) The specific terms of the contract - what did it say about the type of nuts, means of shipment, time for delivery?

(2) What was the usual practices between the two sides?

(3) Will it be helpful to offer addition details (such as emails between the two)?

(4) If there are things that are badly written in the contract, the court will hold it against the one who wrote the terms

This is a very simple illustration. Most contracts have sufficient detail to prevent disputes. However, it shows that like the tale of Nasreddin Hoca, two sides could sometimes interpret things very differently in the same contract. And that's when one side might say, "Okay, okay... the lower quantity is good enough. I'm happy with that!," like in Nasreddin Hoca's dream here - Nasreddin Hoca'nın Rüyası... ve Müzakereler - https://www.communityabroad.com/turkish/post/1000000051721

A most interesting, hardworking store owner - 47 years, Kapalıçarşı - Babamdan Miras Kalan Tek Şey Dürüstlük Oldu | Esat Usta’nın Hikayesi https://youtu.be/71FBErGP8jg?si=Rt0CBGg4uRZUTDKS

Good Luck - Kendinize İyi Bakın

Avukat Timur Akpinar

(718) 224-9824

www.benimavukatim.com

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