Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

¹ A man­datee who has re­ceived in­struc­tions from the man­dat­or on how to con­duct the busi­ness en­trus­ted to him may de­vi­ate from them only to the ex­tent that cir­cum­stances pre­vent him from ob­tain­ing the man­dat­or’s per­mis­sion and that he may safely as­sume such per­mis­sion would have been forth­com­ing had the man­dat­or been aware of the situ­ation.

² Where such con­di­tions are not sat­is­fied and the man­datee nev­er­the­less de­vi­ates from the man­dat­or’s in­struc­tions to the lat­ter’s det­ri­ment, the man­date is deemed to have been per­formed only if the man­datee ac­cepts li­ab­il­ity for the res­ult­ant dam­age.