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Philippine Bar review · Question

Practice question: Loss of the Thing Due

Multiple Choice Medium Jurisprudence

Practice question

A debtor promises delivery of one specific machine and expressly assumes liability for fortuitous loss. The machine is destroyed by a genuinely fortuitous event before delay and without negligence. Does Article 1262 automatically extinguish the liability?
  1. Yes, every fortuitous event erases any assumed risk
  2. No; the stipulation assuming fortuitous risk engages the statutory exception and liability for damages remains
  3. Yes, because contracts cannot allocate risk
  4. Yes, if the machine was expensive
  5. Yes, because no creditor may claim damages

Legal references

  • Civil Code, Article 1262: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

Answer this question in flashcards to review your response and continue practicing.