Practice question
A contract requires a service stipulated to be physically impossible. The impossibility exists at contracting and is not merely the promisor’s financial inconvenience. What does Article 1409 provide?
- The service becomes enforceable through a higher price.
- Only a late-payment penalty applies.
- The contract is void for contemplating an impossible service.
- The contract is always merely unenforceable pending a memorandum.
- The creditor may ratify the impossibility into existence.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1346,1352,1409–1412 and 1416,1420–1422.
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