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Philippine Bar review · Question

Practice question: Loss of the Thing Due

Multiple Choice Hard

Practice question

A long-term contract expressly anticipated and allocated the very business-closure risk later invoked for Article 1267 relief. The change is also partly attributable to the obligor. Applying Poon, what is the principal problem?
  1. Any long contract is automatically void
  2. Foreseeability and independence from the parties’ acts are required; the stipulated facts undermine those elements
  3. Every closure is necessarily a fortuitous event
  4. The court must ignore the risk clause
  5. Difficulty alone proves all requirements

Legal references

  • Spouses Poon v. Prime Savings Bank, G.R. No.183794, June 13, 2016, MAIN decision, exceptional difficulty: https://lawphil.net/judjuris/juri2016/jun2016/gr_183794_2016.html
  • Civil Code, Articles 1209-1210,1223-1230,1238-1243,1266-1268 and1423-1430: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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