Case Law

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.

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.

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.

Termination and set-off of a loan agreement: who, when and how?

Termination of a loan agreement and conditions of set-off in case of assignment of the claim.

Arbitration or state courts? The material limits of an arbitration clause that concerns the interpretation and application of a contract

Legal proceedings initiated in order to enforce a loan contract fell outside the (narrow) scope of an arbitration clause that was limited to the interpretation and application of the relevant agreement.