Practice question
During an emergency, a bailee can save either the borrowed instrument or a personal instrument but not both. The bailee chooses to save the personal instrument and the borrowed one is lost through the event. Which Article1942 conclusion follows?
- The bailee is liable under the express preference-for-own-property circumstance
- Fortuity necessarily excuses the bailee regardless of that choice
- The bailor automatically becomes owner of the saved instrument
- The commodatum necessarily becomes a donation
- Only ordinary expenses can ever be claimed
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1942(2),(3),(5),1943–1945,1949–1952.
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