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    Act of God

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    To qualify as a fortuitous event that excuses a debtor from contractual obligations, the event must: 1) be independent of the debtor's will; 2) be unforeseeable and unavoidable; 3) make it absolutely impossible for the debtor to fulfill their obligation normally; and 4) the debtor must not contribute to aggravating injury to the creditor. The fortuitous event must be both the proximate and sole cause of the failure to perform for it to excuse non-performance.

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    Act of God

    Uploaded by

    Victoria xx
    16 views1 page
    To qualify as a fortuitous event that excuses a debtor from contractual obligations, the event must: 1) be independent of the debtor's will; 2) be unforeseeable and unavoidable; 3) make it absolutely impossible for the debtor to fulfill their obligation normally; and 4) the debtor must not contribute to aggravating injury to the creditor. The fortuitous event must be both the proximate and sole cause of the failure to perform for it to excuse non-performance.

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    To qualify as a fortuitous event that excuses a debtor from contractual obligations, the event must: 1) be independent of the debtor's will; 2) be unforeseeable and unavoidable; 3) make it absolutely impossible for the debtor to fulfill their obligation normally; and 4) the debtor must not contribute to aggravating injury to the creditor. The fortuitous event must be both the proximate and sole cause of the failure to perform for it to excuse non-performance.

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    16 views1 page

    Act of God

    Uploaded by

    Victoria xx
    To qualify as a fortuitous event that excuses a debtor from contractual obligations, the event must: 1) be independent of the debtor's will; 2) be unforeseeable and unavoidable; 3) make it absolutely impossible for the debtor to fulfill their obligation normally; and 4) the debtor must not contribute to aggravating injury to the creditor. The fortuitous event must be both the proximate and sole cause of the failure to perform for it to excuse non-performance.

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    ACT OF GOD - FORTUITOUS

    EVENT
    Category: Obligations and Contracts

    What are the requisites of a fortuitous event?


     

    1. Cause is independent of the will of the debtor;

    2. The event is unforeseeable or unavoidable;

    3. Occurrence renders it absolutely impossible for the debtor to fulfill his obligation in a normal manner;
    impossibility must be absolute not partial, otherwise not force majeure; and

    4. Debtor is free from any participation in the aggravation of the injury to the creditor.

    Note: The fortuitous event must not only be the proximate cause but it must also be the only and sole
    cause. Contributory negligence of the debtor renders him liable despite the fortuitous event. (Pineda,
    Obligations and Contracts, 2000 ed, p. 62)

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