Swiss Contract Law

The Latest Case Law on Swiss Commercial Contracts

Case Law

Smoke on the characterization of the contract

The difference between a Contract for Work and Services and a Simple Agency Contract, and its impact on the calculation of damages

The limits of unilateral choice of forum clauses

A forum selection clause unilaterally inserted by a party into an email or invoice is ineffective if there is no express acceptance by the other party.

Breach of an exclusivity obligation in a M&A advisory contract: no liability?

Consequences of a client breaching the exclusivity obligation in a Merger and Acquisition advisory contract that provides for a success fee for the broker

Unsuccessful claims of a former distributor: no indemnity for goodwill and no set-off of counterclaims

Valid contractual waiver of set-off and no goodwill indemnity because the distribution contract was not exclusive

A party acting as a representative once, may not be a representative twice.

In the absence of a validly conferred power of attorney, the principal shall only be bound if the third party can rely on its own legitimate representation of the situation.

Unilateral termination of a long-term IT contract: when is good cause not good enough?

The existence of good cause denied in unilateral termination of a long-term IT contract, despite claims of outdated equipment, repeated technical issues and poor maintenance services.