Civil Law

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20 Terms

1

No, Angelica is not liable for damages due to default in fulfilling her obligation.

Under the Law on Obligations and Contracts, a fortuitous event refers to acts of God or natural occurrences such as floods, typhoons, storms, earthquakes, or other catastrophic events.

As Angelica correctly pointed out, a typhoon clearly qualifies as a fortuitous event.

The Supreme Court has established that to exempt an obligor from liability for breach of obligation due to a fortuitous event, the following requisites must be met: (a) the cause of the breach must be beyond the debtor's control; (b) the event must be unforeseeable or unavoidable; (c) the event must make it impossible for the debtor to perform the obligation in the usual manner; and (d) the debtor must not have contributed to or aggravated the harm to the creditor.

In this case, the typhoon was entirely beyond Angelica's control. While it was foreseeable through weather forecasts, it was nonetheless unavoidable. The typhoon and its aftermath rendered it impossible for Angelica to fulfill her obligation in the usual manner. Notably, at the time the fortuitous event occurred, Angelica was not in default, as her promise was to deliver the ring on or before the wedding day.

Thus, Angelica is not liable for damages arising from a default in her obligation.

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