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The Latest Case Law on Swiss Commercial Contracts

Case Law

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.

Kaveh Mirfakhraei

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.

Michel José Reymond

Sale of goods

Buyer beware… of the goods description

Agreed qualities and good faith expectations of the Buyer in the sale of goods that can be used for multiple purposes.

Grégoire Geissbühler

Ancillary obligations, Real estate sale agreement

Obligation of a contracting party to act against its own interests?

The general principle of good faith does not establish an ancillary obligation requiring the seller in a real estate transaction to act against his or her own interests or prevent the buyer from needing to pay tax on the sale