Obligation and contract, Study notes of Mathematics

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Nature and Effect of Obligations CASO FORTUITO, DOLO, CULPA, MORA (Simplified for Business Law Students) Atty. Glenn Mar P. Acas, CPA September 2020 e FORTUITOUS EVENTS (Caso Fortuito) Fortuitous events (caso fortuito) - events which could not be foreseen, or which though foreseen, were inevitable. Ordinary Fortuitous Events vs. Extraordinary Fortuitous Events (Caso Fortuito) 1. Ordinary Fortuitous Events — common events, which the parties could reasonably foresee. 2. Extraordinary Fortuitous Events — uncommon events, which the parties could not have reasonably foresee. This is what is covered by Art. 1174. Kinds of Extraordinary Fortuitous Event covered under Art. 1174: 1. Acts of man — independent of the will of the obligor, like war, fire, robbery, murder, insurrection 2. Acts of God — also called force majeure, totally independent of the will of every man, like earthquake, flood, rain, shipwreck, lightning, eruption of volcano, storm. e = Art.1174 General Rule: No person shall be responsible for those events which could not be foreseen, or which though foreseen, were inevitable (Fortuitous Events). EXCEPTIONS: 1. In cases expressly specified by law. a. When the debtor is guilty of fraud, negligence, delay, or in contravention of the tenor of the obligation. b. When the debtor has promised to deliver the same specific thing to two persons who do not have the same interest. c. When the obligation to deliver a specific thing arises from a crime. d. When the thing to be delivered is generic. 2. When it is otherwise declared by stipulation of the parties. 3. When the obligation requires the assumption of risk.