Facts
In 1999, the appellant [X.] concluded several written asset management agreements with the respondent [Y. AG] . In 2002, the managed assets suffered significant losses. [X.] subsequently filed a tort claim with the Commercial Court of the Canton of Zurich for damages of around CHF 2.96 million. The Commercial Court dismissed the claim, as the appellant's factual allegations were contradictory and unclear. [X.] appealed the judgment to the Federal Supreme Court in civil matters.Considerations
The Federal Supreme Court dismissed the appeal. It held that the appellant should have alleged and substantiated the existence of a specific asset management contract, its negligent or non-compliant execution, the extent of the damage, and the causal link between the breach of contract and the damage. However, as the appellant's factual allegations remained contradictory and unclear, he failed to establish a…