DiKE Haftungsbegrenzung im schweizerischen, deutschen und englischen Recht

Liability limitations can be found in almost every private law contract, often as part of general terms and conditions. Particularly in connection with standardized clauses and regarding consumer protection, there are relevant regulations, especially in EU law. In Switzerland, this development was at least partially addressed in the context of the revision of the Unfair Competition Act (UWG) with the enactment of the controversial Article 8 (in effect since July 1, 2012). In contrast to German and English law, there are no explicit regulations in the Swiss legal system for the B2B sector. The Basel dissertation primarily deals with the content control of liability limitation clauses between contracting parties with equal bargaining power. It examines, in light of the three different legal systems, when one can actually speak of equally strong contracting parties and what influence this parity has on the validity of the liability limitation clause being assessed. This is followed by an investigation in the B2C sector. The development of all theses is conducted through comparative law, highlighting why there is a recurring call in German literature for a retreat to Swiss law.