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1.Answer the below two questions (a and b) in accordance with the below case (30 points): Shipper X and carrier Y agree on the carriage

1.Answer the below two questions (a and b) in accordance with the below case (30 points):

"Shipper X and carrier Y agree on the carriage of one container of apple from Izmir to Hamburg. When consignee A receives the goods in the port of Hamburg, he realizes that they are damaged and refuses to make the payment to shipper X. A case is filed, and the judge considers article 1178, para.2 of Turkish Commercial Code that states, "Carrier is responsible from the damage, loss and delay in delivery of the goods under his custody."

  1. Determine the contract, parties of that contract and form of that contract in the above given case. Invalid the contract by converting the case to something else by using one of the validity conditions of the contract.
  2. What type of source does the judge consider? Assume that there is an international convention on the same issue, stating, "Carrier is responsible from only delay in delivery". Which norm shall judge consider when giving his decision? Ground your answer on one of the Roman law principles discussed all through our courses

2.Answer the below two questions (a and b) in accordance with the below case (30 points):

"NoRisk Ltd. ti. has threatened 15-year-old Mr. Innocent to cover his health risks under an insurance coverage in return of 20.000 TL of premiums per year."

  1. What type of contract will they conduct?
  2. Discuss the validity of this agreement.

3.Answer the below two questions (a and b) in accordance with the below case (40 points):

Ali, Veli and Ahmet would like to come together and conduct commercial transactions with merchants. Ali puts 30.000 TL, Veli puts 20.000 TL and Ahmet puts his labor into this togetherness.

a.What type(s) of togetherness they may establish? How can it be established? What are the positive and negative sides of establishing that type of togetherness?

b.Would you suggest the establishment of another type of togetherness if Ahmet would put 20.000 TL instead of his labor? Why?

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