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Obligation and Contracts
Obligation and Contracts
BSA 1
3. Will partial loss of a specific thing to be delivered extinguish the obligation? Explain.
It depends on the circumstances of the partial loss that is determined by the court. There is a
partial loss that might affect the obligation wherein the creditor may not fullfil the purpose of his
own because of the partial loss, then the debtor will be liable for the value of the specific thing
with indemnity right for damages. But the obligation will only be extinguished when the purpose
of the creditor to the specific thing is not affected by the partial loss then the debtor can still
deliver the specific thing.