Question juridique clé
Whether the defendant committed fraud, breach of trust, or money laundering giving rise to tort liability under Art. 41 CO
Solution extraite
No actionable unlawful act was proven. The plaintiff failed to establish fraudulent intent, the prepaid sale price was not entrusted property, and without a predicate crime money laundering could not be invoked.
Motifs extraits
Under Swiss law the plaintiff had to prove the constitutive facts of the predicate offences. The courts found no proof that the defendant intended from the outset not to perform. The sale price was paid as consideration for the seller's own performance and could be freely disposed of, so it was not entrusted funds. Without fraud or breach of trust, money laundering was excluded.