Consequences of refusing to provide a blood sample
The consequences of failing to provide a blood sample are a criminal conviction and withdrawal of the driver’s license.
Law firm in Winterthur specializing in contract law
Your lawyers for contract law
Contract law - Our lawyers in Winterthur can help you
The best solution with our law firm
In Switzerland, there are a large number of legally regulated contract types, in addition to unregulated contract types, so-called innominate contracts. The legal problems that arise in connection with contracts are just as varied.
Contractual problems usually arise where the parties disagree on the content of the contract, for example in the case of contractual loopholes, unclear wording or due to a lack of intent when the contract was concluded. We help to prevent such problems by drawing up legally compliant contracts that are as complete as possible or – in comparison to the content of the contract – appropriately complex and, in particular, clear.
Another of the most frequent problem areas in contracts from a lawyer’s point of view are defaults in performance: The other party does not deliver the contractually agreed service or only fulfills it poorly. Our lawyers will support you in enforcing your contractual claims in and out of court.
If the contract cannot be implemented, our lawyers in Winterthur and Landquart will help you to reverse the contract or claim damages.
Contract law: your lawyer is there for you
Procedure for contractual problems
You can reach us by telephone during office hours at
052 222 01 20
. You can reach us by e-mail at kanzlei@ff-law.ch.
In order to provide the best possible support, we require details of the essential facts. Based on the initial contact, we will review the mandate and how we can best help you.
With regard to the suitability of the mandate, we check whether it falls within the areas of law we handle. If the amount in dispute is low, it is often not advisable to retain a lawyer. From an economic point of view, it is usually only worth consulting a lawyer if the value in dispute is several thousand francs or more.
Please note that we cannot provide legal advice free of charge. Information relating to a “brief legal question” cannot be provided with the necessary diligence of a lawyer. It is always crucial that the relevant facts are presented and discussed as fully as possible. This requires sufficient time.
For new clients, we usually conduct an initial consultation (flat rate CHF 330) in our office. Please bring copies of all relevant documents with you to the meeting.
Alternatively, we offer you an initial assessment by telephone or e-mail. Send us all relevant documents as a scan in PDF format (no photographed image files) to kanzlei@ff-law.ch
We will inform you of the evaluation result by e-mail or telephone after checking.
During the initial review or meeting, we will outline the opportunities and risks associated with your legal problem. We will show you the legal situation and advise you on the appropriate strategy. Sympathy and trust between client and lawyer are important for a successful client relationship. It is equally important that you like the way we work as your lawyers. You (and we) can also get an idea of this with the initial assessment.
Important: Due to the current corona crisis, we currently prefer to carry out initial assessments (by telephone or e-mail). Initial consultations can of course still be arranged at the client’s request in compliance with hygiene regulations.
In the case of a mandate, you grant us a written power of attorney for your specific legal problem. You also sign a mandate agreement in which the terms of the mandate are set out transparently. For new customers, we also require a so-called “retainer”. This is an advance payment which is not offset against the first invoice but against the last invoice at the end of the mandate. At the end of the mandate relationship, any credit balance will be refunded to you immediately.
We will keep you informed about the progress of your legal case at all times. We coordinate the procedure and strategy together with you. In doing so, we always ensure efficient processing. Costs and benefits for our clients are always the benchmark for our legal services. We usually issue invoices on a monthly basis. You always receive a detailed invoice and are thus transparently informed about the services we provide.
Contract law - Our law firm can help
Your lawyer is at your side for problems in contract law
Solutions for every type of contract and every problem in contract law
- Orders
- Contracts for work
- Sales contracts
- Loan agreements
- Agency contracts
- Supply and distribution contracts
- Non-disclosure agreements (NDA)
- Asset management contracts
- Drafting and reviewing general terms and conditions (GTCs)
"Pacta sunt servanda - contracts must be honored"
Latin legal principle that also applies to the Swiss legal system, which is based on Roman law.
In the center of Winterthur
Your law firm for problems in contract law
In the best case scenario, contractual problems can be avoided from the outset by involving our law firm at an early stage and drawing up legally secure contracts. If you have already concluded a contract, our lawyers will determine what your rights and obligations under this contract are by correctly interpreting the content of the contract. In Switzerland, freedom from contractual obligations is limited by mandatory law. Contractual clauses that contradict mandatory law are therefore invalid.
After your lawyer has correctly interpreted the contract for you, we consistently demand the contractual performance owed to you or effectively defend against unjustified contractual claims.
Contract creation
Minimize contractual risks
By drawing up a legally compliant, complete and clear contract, you can prophylactically avoid later problems in contract law. Consulting a lawyer before concluding important contracts will save you the costs of a later legal dispute.
Contract interpretation
What have you agreed?
It is often not clear between the parties what was actually agreed. This kind of hidden dissent often leads to conflicts during contract processing. We will check for you whether your view of the contractual content is legally compliant.
Enforcement and defense of contractual claims
Your lawyer enforces your rights
If it is not possible for you to reach an acceptable agreement with your contractual partner, we will consistently pursue your claims through the courts or defend you against unjustified claims by the other party in court.
We support you every step of the way
Make an appointment
Call our law firm in Winterthur on +41 52 222 01 20or make an appointment online for an initial consultation.
Your lawyer will provide you with expert support
The services of our law firm In contract law:
The lawyers at Fricker Füllemann Attorneys at Law offer you a wide range of services in contract law. The following is a non-exhaustive overview. Get to know our other fields of activity (click here)
Our services - your added value
- Customized drafting of contracts
- Preparation and review of general terms and conditions (GTC)
- Legal editing and correction of your draft contracts
- Advice on contract negotiations
Conclusion of contract
In contract law, our lawyers help you to avoid legal problems from the outset by concluding legally compliant and clear contracts. Your lawyers will check your GTC templates or create customized terms and conditions for you.
Contract review
Our lawyers will check your contracts and interpret them correctly for you. Your lawyers will analyze the facts of the case, point out contractual pitfalls and validate your interpretation of the contract. This gives you a complete picture of the contractual situation.
Assistance with contract processing
If disagreements arise between the contracting parties during the execution of the contract, your lawyers will be there to support you. Your lawyer will negotiate appropriate compromise solutions so that the contract can be handled in your interests.
Enforcement and defense of claims
If no suitable solution can be found with the other party, our lawyers will act consistently and decisively on your behalf. Your lawyer will enforce your claims in court or defend you against unjustified claims by the opposing party.
Legal questions on contract law
FAQ
Below you will find the answers to some basic and frequently asked questions about contract law.
Please note that the correct application of the law always requires a case-by-case assessment.
Your lawyer will be happy to examine your contract law problem for you. Contact us or arrange an online initial assessment.
A contract comes into existence when there is a mutual declaration of intent on all essential points of the contract (Art. 1 and 2 CO).
A contract is invalid from the outset if there are grounds for nullity such as lack of capacity to act, formal defects or defects in content.
Lack of capacity to act: Capacity to act is the ability to establish rights and obligations through one’s own actions (Art. 12 ZGB). According to Art. 13 ZGB, anyone who is of legal age and capable of judgment has the capacity to act. According to Art. 16 of the Swiss Civil Code, any person who does not lack the capacity to act rationally due to childhood, mental disability, mental disorder, intoxication or similar conditions is deemed to have capacity.
Formal defects: In principle, contracts can be concluded in any form (Art. 11 para. 1 CO), including verbally. However, this freedom of form can be restricted by mandatory formal requirements that the law stipulates for certain types of contract. The parties also have the option of contractually agreeing a specific form (Art. 16 CO).
Content defects: In principle, the parties can agree the content of the contract as they wish (Art. 19 para. 1 CO). According to Art. 20 CO, however, the content of the contract must not be impossible, unlawful or immoral. A contract is impossible if the fulfillment of the contract is already impossible for everyone at the time of conclusion. If, on the other hand, the content of the contract violates an objective right (totality of legal norms), it is unlawful. Art. 20 CO also covers contracts that violate the prevailing moral standards. In this case, one speaks of immorality.
A contract is voidable and therefore retroactively void or invalid (ex tunc) if there are so-called grounds for avoidance such as overreaching, error, intentional deception or fear. In these cases, the contesting party invokes the fact that its contractual intent was inadequately formed in the broadest sense at the time the contract was concluded (so-called “lack of intent”). The party affected by the lack of intent must expressly assert the lack of intent within one year of the conclusion of the contract (Art. 21 para. 1 CO), or after the error or deception has been discovered or after the fear has been removed (Art. 31 para. 2 CO), with the declaration of avoidance. Otherwise the contract is deemed to be approved (Art. 31 para. 1 CO).
Overreaching: A party is disadvantaged if a contract creates a clear imbalance between performance and consideration (too “favorable” or too “expensive”) to the disadvantage of that party, whereby the disadvantaged person was impaired in the formation of their will when the contract was concluded (namely emergency situation, inexperience or recklessness) and the other party intentionally took advantage of this weakness of the disadvantaged party (Art. 21 para. 1 CO).
Mistake: A mistake must be material in order to entitle the customer to rescind the contract. According to federal case law, the materiality of the error is to be affirmed if it can be assumed that the person making the error would have made the declaration, or at least not with the same content, if he had known the true facts(BGE 135 III 537 E. 2). The materiality of the error is to be determined in accordance with Art. 24 para. 1 CO must be affirmed in four cases; if the error relates to the nature of the legal transaction, the identity of the object or person, the scope of performance and consideration or the facts underlying the contract. However, if the error only relates to the motive for concluding the contract, it is not material (Art. 24 para. 2 CO).
Deliberate deception: The conduct of a contracting party is to be qualified as intentional deception if one contracting party intentionally misrepresents facts to the other contracting party as a basis for concluding the contract or conceals existing facts (BGE 116 II 434), as a result of which it causes the deceived person to be mistaken, albeit not a material mistake, and induces them to conclude the contract as a result of the deception (Art. 28 para. 1 CO).
Excitation of fear: A disputing party can invoke fear mongering in accordance with Art. 29 CO if it was unlawfully induced to enter into a contract by the other contracting party or a third party by arousing well-founded fear. According to Art. 30 para. 1 of the Swiss Code of Obligations for anyone who must assume from the circumstances that he or a person close to him is threatened with serious harm to life and limb, honor and property.
General Terms and Conditions (GTC) are pre-formulated contractual provisions drawn up unilaterally by one contracting party, which must be agreed to by the other party in order to be valid. Without acceptance by the other party, the GTC are not binding and therefore do not become part of the contract. The takeover can take place expressly or tacitly. Since acceptance can also be implied, it is not necessary to prove that the contracting party concerned has taken note of the GTC, i.e. has read them. It is sufficient if the contracting party was expressly informed of the GTC before or at the latest upon conclusion of the contract and had the opportunity to take note of the GTC in a reasonable manner. For reasons of proof, it is advisable to draw up GTC agreements in writing.
General Terms and Conditions of Business (GTC) cannot apply despite legally valid acceptance if the GTC provisions violate mandatory law (Art. 19 in conjunction with Art. 20 CO), are unusual from the point of view of the consenting party and according to objective standards of the nature of the legal transaction or are unfair according to Art. 8 UWG. Violations of these content restrictions lead to the invalidity of the clauses in question.
Swiss law differentiates between three types of non-performance in the event that a debtor fails to provide a contractually owed service in accordance with the contract: Impossibility of performance, non-performance due to the debtor’s default or poor performance. Depending on the type of default, the given facts and the relevant type of contract, a creditor can assert other claims against the debtor on this basis. If the law does not provide for any specific rules on breach of performance for particular types of contract (in particular for purchase contracts, rental contracts, contracts for work and services or leases) or if there are no other agreements between the parties, the legal consequences of general contract law apply.
Impossibility: In accordance with the legal consequences of general contract law, the contract is void in the event of initial objective impossibility of performance in accordance with Art. 20 CO. In the event of subsequent impossibility of performance, the claim lapses unless the debtor is at fault (Art. 119 CO). In both cases, the creditor cannot assert any claims. However, if the debtor is at fault for the circumstances causing the impossibility, Art. 97 CO grants the creditor a claim for damages in the event of both initial and subsequent impossibility.
Poor performance: In principle, the creditor can claim damages from the debtor within the meaning of Art. 97 CO, provided that the debtor is responsible for the defective performance. In addition, the creditor is entitled to further legal remedies for certain special types of contract: In the case of purchase contracts, rental contracts and contracts for work and services, the creditor has the option of rescission, reduction, rectification (contract for work and services/rental contract) and compensation (in the case of the purchase of fungible goods). The creditor is granted simplified substitute performance in the case of rental agreements, contracts for work and services and lease agreements.
Non-performance due to debtor default: If the debtor fails to perform the contractually agreed service on time, the creditor must in principle grant the debtor a reasonable grace period for subsequent performance (Art. 107 para. 1 CO). If the grace period expires unused, the creditor has the right to claim under Art. 107 para. 2 OR various options:
- The creditor continues to insist on proper performance and can claim damages for delay.
- The creditor shall immediately declare that he waives subsequent performance. He may claim damages for non-performance while maintaining the contract.
- The creditor shall immediately declare that he waives subsequent performance and withdraws from the contract. If the debtor is at fault, the creditor can claim compensation for the loss of the contract.
The statute of limitations means that a creditor loses the opportunity to enforce his claim against the debtor against his will after the expiry of a legally prescribed period, even though his claim, in contrast to forfeiture, is still legally valid (so-called obligation in kind).
A claim is time-barred if it is due, the limitation period applicable in the individual case has expired and the limitation period has been asserted by the debtor as a defense.
Due date: According to Art. 130 para. 1 CO, the limitation period of the claim begins from the time that a claim is due. The limitation period begins to run on the following day and may be suspended or interrupted under certain circumstances.
Limitation period: The limitation period must have expired. The duration of the limitation period applicable in the individual case is determined in accordance with the provisions of the law, whereby it should be noted that specially regulated limitation periods take precedence over the general provisions on limitation periods.
General limitation periods according to Art. 127 ff OR
- In principle, all claims are time-barred after 10 years, unless otherwise stipulated by law.
- Monetary claims from everyday transactions such as rent or wage claims expire within 5 years in accordance with OR 128 OR.
- Claims for damages or satisfaction arising from personal injury or the death of a person in breach of contract are time-barred within a relative period of 3 years or an absolute period of 20 years.
Example of special limitation periods
Claims for defects arising from the purchase contract or contract for work and services must be asserted within 2 years. Otherwise they are deemed to be time-barred.
- Limitation defense: According to Art. 142 CO, the statute of limitations is not taken into account by the judge ex officio. In order for the debtor to be able to refuse to pay the claim, the limitation period must be asserted as a defense. The debtor can waive the defense of the statute of limitations, but only from the beginning of the statute of limitations and for a maximum of ten years. The waiver must be made in writing.
