Swiss Contract Law

The Latest Case Law on Swiss Commercial Contracts

Case Law

Bona fides in negotiating: how disingenuous can one be?

Swiss law provides for a special basis of liability for conduct contrary to the rules of good faith in the context of pre-contractual negotiations. The judgment commented here shows that the more unreasonable the position adopted by a negotiating party, the more difficult it is for that party to successfully claim that the other party who broke off the negotiation is liable.

Contract management: the risks of not reacting to annotations made by the other party at the time of signing of the contract

Company found contractually liable for the act of an employee as a result of a handwritten statement made by the other party on the contract.

Liable for remaining silent: Broker found liable for failing to disclose relevant information which had an impact on the sale of his client’s apartment

A broker was held liable for breach of contractual obligations to his client by failing to disclose relevant information regarding the potential sale of his client’s apartment at a higher price.

Conflicting choice of forum clauses contained in a contract and its general terms and conditions: which clause prevails?

A choice of forum clause contained in the contract itself prevails over conflicting clauses contained in the parties’ general terms and conditions.