The Latest Case Law on Swiss Commercial Contracts
Case Law
Insurance agreement
Direct action against the liability insurer denied for pre-2022 insurance contracts
Following its interpretation of the transitional provision set out in art. 103a of the Swiss Federal act on Insurance Contracts (SICA), the Federal Supreme Court held that the direct right of action introduced by art. 60 para.
Distribution agreement
Liquidated Damages Awarded for Breach of an Exclusivity Obligation under an Exclusive Supply Agreement
Following the acquisition of manufacturing capacity within its group, a client ceased purchasing hearing-aid batteries from its exclusive supplier and instead sourced the products from group companies. This conduct was held to constitute a breach of contract, and the supplier was awarded liquidated damages that were contractually agreed.
Real estate sale agreement
Does Broadening Permitted Land Uses Constitute ‘Rezoning’ under Swiss Law?
In this decision, the Swiss Federal Supreme Court ruled that a broadening of permitted land uses qualified as “rezoning” under an earn-out clause in a property sale.
Brokerage contract
Can the higher (hidden) price obtained by a broker for the sale of a Ferrari Daytona constitute a ground for invalidating a brokerage agreement?
In a dispute over a brokerage agreement, regarding the sale price of a Ferrari Daytona, the Federal Supreme Court held that the contract was not null and void for willful deception as the alleged fraud (in the form of a hidden higher price obtained by the Broker) occurred after the conclusion of the Brokerage contract, […]
Brokerage contract
No Causation, No Commission, Even If the Agent Had Identified the Buyer?
In this decision, the Federal Supreme Court had to determine whether a broker who had merely identified the buyer could nevertheless claim commission after a second broker completed the transaction.
Representation
When does a property management company validly represent the real estate owner ?
In this decision, the Federal Court had to decide whether a property management company had validly represented a real estate company in ordering renovation work.