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Philippine Bar review · Question

Practice question: Fortuitous Event

Multiple Choice Medium

Practice question

A seller promises delivery of the same identified machine to two buyers whose interests are distinct. Before either delivery, a fortuitous event destroys it. What does Article 1165 state about this risk?
  1. The seller is responsible for the fortuitous event until delivery
  2. The two promises automatically cancel each other
  3. The machine becomes generic
  4. Each buyer must excuse the seller automatically
  5. The seller may choose to ignore both contracts

Legal references

  • Civil Code Articles 1165, 1170–1174 and 1262–1263: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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