With a consulting agreement, the commissioned party undertakes to provide advisory services in exchange for a fee. The advisory services can, for example, consist of analysing an economic situation or devising possible solutions in cooperation with the client and then implementing them.
Consulting agreements involve goal-oriented intellectual work, for example, the application of business or economic theories to a problem with a subsequent proposal for a solution, which is usually submitted in writing. This qualifies the consulting agreement as an atypical assignment according to Art. 394 et seq. of the Swiss Code of Obligations (OR), because the obligation to prepare a written proposal for a solution constitutes an element of a contract for work and services. On the one hand, the liability of the consultant is based on the general contractual liability according to Art. 97 et seq. OR and on the other hand according to Art. 398 (1) OR regarding the careful execution of the assignment.
No written form is stipulated for the consulting agreement. Nevertheless, it helps to specify the terms of the contract in writing.