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What are fortuitous events?
Essentials of Business Law and Labor Law is a digital initiative of Alburo Law to provide legal knowledge to entrepreneurs to help improve their productivity and profitability by ensuring that businesses comply with relevant laws, rules, and regulations.
What are fortuitous events?
A fortuitous event is an event which cannot be foreseen, or which, although foreseeable, cannot be avoided.
Fortuitous events by definition are extraordinary events not foreseeable or avoidable. It is therefore, not enough that the event should not have been foreseen or anticipated, as is commonly believed but it must be one impossible to foresee or to avoid. The mere difficulty to foresee the happening is not impossibility to foresee the same. (Roberto Sicam and Agencia de R.C. Sicam, Inc. v. Lulu Jorge, G.R. No. 159617, August 08, 2007)
As a general rule, the happening of a fortuitous event excuses the debtor from liability for the non-performance of obligation except:
a) in cases expressly specified by law;
b) when it is otherwise declared by stipulation; and
c) when the nature of the obligation requires the assumption of risk.