Practice question
A debtor is already legally in delay over delivery of a particular sculpture. It is then destroyed by a fortuitous event. The debtor relies solely on absence of fault in causing the destruction and claims ordinary extinction under Article 1262. Which is correct?
- Delay never matters
- The creditor must accept an apology as full payment
- Fortuitous loss always overrides delay
- The ordinary extinction rule requires loss before delay, so absence of fault alone does not establish the claimed discharge
- The obligation was void from the beginning
Legal references
- Civil Code, Article 1262: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
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