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

Art. 420

II. Li­ab­il­ity of the agent in gen­er­al

 

1 The agent is li­able for neg­li­gence.

2 However, where the agent ac­ted in or­der to avert im­min­ent dam­age to the prin­cip­al, his li­ab­il­ity is judged more le­ni­ently.

3 Where agency activ­it­ies are car­ried out against the ex­press or oth­er­wise re­cog­nis­able will of the prin­cip­al and the pro­hib­i­tion was neither im­mor­al nor il­leg­al, the agent is also li­able for chance oc­cur­rences un­less he can prove that they would have oc­curred even without his in­volve­ment.