Facts
On June 2, 1966, a collision occurred between the vehicles of Paul Schwegler and Werner Hirzel on the Restelbergstrasse in Zurich. Immediately after the accident, Hirzel handed Schwegler a written declaration acknowledging his liability. However, Hirzel subsequently contested this declaration on the grounds of a fundamental error. The District Court of Zurich and the Cantonal Court of Zurich dismissed Schwegler's claim. Schwegler appealed to the FSCA.Considerations
The FSCA considered that Hirzel's declaration could be contested on the grounds of a fundamental error, whether it was qualified as a settlement or a unilateral acknowledgment of debt. Indeed, both parties had erroneously assumed that Hirzel was responsible for the accident, whereas the Cantonal Court had concluded that Schwegler was in fact responsible for the collision, having probably driven too far to the…