Swiss Contract Law

The Latest Case Law on Swiss Commercial Contracts

Case Law

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The existence of good cause denied in unilateral termination of a long-term IT contract, despite claims of outdated equipment, repeated technical issues and poor maintenance services.

Contract for the chairman of a listed company: how to manage a conflict of interests?

A stock corporation whose board of directors is reduced to two members due to a dispute among shareholders cannot validly enter into a contract of mandate (director) and employment (manager) with the chairman of the board without violating the prohibition of self-contracting.