Practice question
A bailee borrows a machine for one specified purpose but instead uses it for a materially different purpose. While so used, the machine is lost through a fortuitous event. The bailee claims that fortuity always eliminates liability. Which conclusion follows from Article 1942?
- Every fortuitous loss necessarily releases the bailee.
- The stipulated unauthorized different use falls within an exception making the bailee liable even for fortuitous loss.
- The bailor must pay the bailee the machine's value.
- The contract automatically becomes a donation.
- The use restriction is legally irrelevant.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 1942(1).
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