Damages, knowledge | Switzerland | Global Private M&A Guide - Limited External Content

Damages, knowledge

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Is there an obligation to mitigate damages?

Frequency/market practice: This is required by law for warranty damages, and usually incorporated in the purchase agreement.

Is there an exclusion of consequential damages?

Frequency/market practice: Fairly common.

Are provisions that there is no liability if the buyer has knowledge common, or does buyer knowledge have no effect?

Frequency/market practice: Fairly common; part of the disclosure concept.

Global Private M&A Guide - Limited External Content