Fortuitous Events

V. Extinguishment of Liability in case of Breach due 2.
Event could not be foreseen (unforeseeable or

to Fortuitous Event ordinary), or if it could be foreseen, must have been
impossible to avoid (unavoidable or extraordinary).
Art. 1174. Except in cases expressly specified by the law, or 3. Event renders it impossible for the obligor to comply
when it is otherwise declared by stipulation, or when the with his obligation in a normal manner; impossibility
nature of the obligation requires the assumption of risk, no must be absolute not partial
person shall be responsible for those events which could 4. Obligor must be free from any participation in, or the
not be foreseen, or which, though foreseen, were aggravation of the injury to the oblige.
inevitable.
Difficulty to Foresee
Meaning:
Mere difficulty to foresee the happening of an event is
Fortuitous event is any extraordinary even which cannot different from impossibility to foresee or anticipate the
be foreseen, or which, though foreseen, is inevitable. same.
Essence is a happening independent of the will of the Effect of concurrent Fault of the Debtor
obligor and which happening, makes the normal fulfillment
of the obligation impossible.’ The fortuitous event must not only be the proximate
cause, but must also be the only and sole cause.
Kinds of Fortuitous Event Contributory negligence of the debtor renders him liable
despite the fortuitous event.
1. Act of Man
In order to be exempt from liability arising from a
Fortuitous event independent of the will of the fortuitous event, there should be have been no human
obligor but not of other human wills. participation amounting to a negligent act.
A superior or irresistible force, which is essentially an When the negligence of a person concurs with a fortuitous
act of man. Includes unavoidable accidents, even if event in producing a loss, he is not exempted from liability
there has been an intervention of human element, by showing that the immediate cause of the damage was a
provided that no fault or negligence can be imputed fortuitous event.
in the debtor.
When the effect is found to be in part the result of the
Ex: war, fire, murder, insurrection, armed invasion, participation of man, the whole occurrence is then
attack by bandits, etc; for as long as they have a force humanized and removed from the rules applicable to the
which the debtor could not have resisted. acts of God.
2. Act of God There must be no:
Those events which are totally independent of the  fraud

will of every human being.  negligence
 delay
An accident, due directly or exclusively to natural  violation, contravention of tenor
causes without human intervention, which by no
amount of foresight, pains, or care could reasonably Liability for Loss Due to a Fortuitous Event
have been avoided.
GR: A person is not responsible for loss or damage
Ex: earthquake, flood, rain, shipwreck, lightning, resulting from the non-performance of his obligation due
eruption of volcano, epidemics, etc. to a fortuitous event.
Requisites of Fortuitous Events Exceptions:
Absence of any would prevent the obligor from being

When expressly specified by law
exempt from liability.
1. Event must be independent of the human will or at  The debtor is guilty of fraud, negligence, or
least of the obligor’s will. delay, or contravention of the tenor of
obligation. (Art. 1170, 1165)
 The debtor has promised to deliver the same
(specific) thing to two or more persons for it
would be impossible for the debtor to comply
with his obligation to two or more person who
should receive it. (Art. 1165)
 The debt of the thing certain and determinate
proceeds from a criminal offense. (Art. 1268)
 The thing to be delivered is generic for the
debtor can still comply with his obligation by
delivering another thing of the same kind in
accordance with the principle that “genus never
perishes.” (Art. 1268)
 Possessor in bad faith liable for deterioration or
loss. (Art. 552)
 A common carrier that negligently incurs delay in
transporting goods. (Art. 1740)
When declared by stipulation
 The basis for this exception rests upon the

freedom of contract.
 However, intention to make a debtor liable even
in a fortuitous event should be clearly expressed.
When the nature or obligation requires assumption of

risk
 Risk of loss or damage is an essential element in

the obligation.
 Applies to all kinds of public services but limited
to risks and events that typical of the business
concerned.
 Ex: insurance companies, ziplines, cable cars,
amusement parks, etc.

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V. Extinguishment of Liability in case of Breach due 2.

Event could not be foreseen (unforeseeable or

2. Act of God There must be no:

Those events which are totally independent of the  fraud

Requisites of Fortuitous Events Exceptions:

Absence of any would prevent the obligor from being

When declared by stipulation

 The basis for this exception rests upon the

When the nature or obligation requires assumption of

 Risk of loss or damage is an essential element in

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