Facts
The plaintiff, J., opened a management office in September 1976, after having discussions with the defendant, D., with a view to transferring the management of various properties to him. A management contract was established on 5 October 1976, but D. did not sign this contract. Subsequently, D. wrote to J. on 29 October 1976 to confirm the management, but finally decided not to follow up on this decision due to the reaction of the former manager. J. brought an action against D. to obtain compensation of 150,000 fr. with interest.
The Civil Court of the Vaud Cantonal Court dismissed J.'s action by judgment of 21 November 1979. The Federal Court also dismissed the appeal for reform lodged by J.
Considerations
The Federal Court considered that the property management contract constitutes a mandate or a sui generis contract subject to the rules of mandate, in accordance with Article 394 paragraph 2 of the Code of Obligations (CO). Consequently, the contract may be revoked or repudiated at any time, in accordance with Article 404 paragraph 1 CO.
The Federal Court also examined the notion of termination in an inopportune time, as provided for in Article 404 paragraph 2 CO. It considered that termination does not in itself constitute an abuse of right, but that only the existence of particular harm justifies a sanction for the inopportune exercise of the right of revocation.
In this case, the Federal Court found that the plaintiff had not suffered particular harm due to the termination of the contract. The…