This chapter examines the contract for work and services which is governed by Articles 363–379 of the Swiss Code of Obligations. This chapter commences with the sources of this contract, its characteristic elements, its delimitations with other contracts as well as the diverse forms of this contract. This chapter then moves on to discuss the formation of the contract for work and services before discussing in detail the obligations of the contractor, namely the obligation to carry out and deliver the agreed work and the duty of diligent performance and other ancillary obligations, the contractor’s non-fulfilment of these obligations as well as the client’s obligation to pay the price. In this context, the contractor’s warranty of conformity is analysed in detail. Finally, this chapter explores the end of the contract for work and services either due to the client’s right to withdraw or subsequent impossibility.

This chapter examines the commercial agency contract which is governed by Articles 418a–v of the Code of Obligations starting with the sources and characteristics of this contract as well as the delimitations with other contracts and the various types of agents found under Swiss law. This chapter then moves on to the conclusion of the commercial agency contract and analyses in detail the obligations of the commercial agent and the principal. This includes the agent’s obligation to negotiate or conclude contracts, duty of care, obligation of loyalty, liability for the proper performance of the contract by the customer and obligation to return and the principal’s general duty to assist the commercial agent, obligation to pay and other pecuniary duties. Finally, this chapter explores the end of the commercial agency contract including both ordinary and extraordinary causes of termination as well as the winding up of the contract.