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?
- Any long contract is automatically void
- Foreseeability and independence from the parties’ acts are required; the stipulated facts undermine those elements
- Every closure is necessarily a fortuitous event
- The court must ignore the risk clause
- 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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