Practice question
A lessee leaves a disabled leased vehicle exposed for days without reasonable protective measures despite an opportunity to secure it. Vandals burn it. The court finds that the lessee's negligent failure to safeguard the vehicle contributed to the loss. The lessee argues that an unexpected criminal act necessarily excuses all responsibility. Which answer accords with Mindex?
- Every third-party crime automatically establishes complete exemption
- Contributing negligence defeats the asserted fortuitous-event exemption
- Unexpected conduct eliminates the need for diligence
- The lessor must prove the lessee personally started the fire before negligence can matter
- The lease necessarily becomes a donation
Legal references
- Civil Code Articles 1165, 1170–1174 and 1262–1263: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Mindex Resources Development v. Morillo, GR 138123, March 12, 2002, main decision, fortuitous-event discussion: https://lawphil.net/judjuris/juri2002/mar2002/gr_138123_2002.html
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