Effect of Force Majeure or Act of God Essay

If upon the occurrence of a causeless event or an act of God. there concurs a corresponding fraud. carelessness. hold or misdemeanor or dispute in any mode of the tenor of the duty as provided for in Article 1170 of the Civil Code. which consequences in loss or harm. the obligor can non get away liability. It has been held that when the carelessness of a individual concurs with an act of God in bring forthing a loss. such individual is non exempt from liability by demoing that the immediate cause of the harm was the act of God. To be exempt from liability for loss because of an act of God. he must be free from any old carelessness or misconduct by which that loss or harm may hold been occasioned. Causeless Event – an event which could non be foreseen. or which. though foreseen is inevitable.

Essential Characteristics of a Causeless Event

1. Cause is independent on the will of the debitor ; 2. Impossibility of anticipating or impossibleness of avoiding it to be foreseen even if foreseen ; 3. Happening renders it impossible for debitor to carry through his duty in a normal mode ; and 4. Debtor is free from any engagement in the exasperation of the hurt to the creditor. General Rule: No liability in instance of causeless event

Exceptions:

1. By contrary judicial admission in the contract ; 2. Declared by jurisprudence e. g. Art 552 ( 2 ) . 1268. 1942. 2147. 2148. 2159 of the New Civil Code ; 3. Nature of the duty requires premise of hazard when expressly declared by jurisprudence ; 4. When the obligor is in default or has promised to present the same thing to 2 or more individuals who do non hold the same involvements ( Art. 1165 ( 3 ) ) Art. 1174. Except in instances expressly specified by the jurisprudence. or when it is otherwise declared by judicial admission. or when the nature of the duty requires the premise of hazard. no individual shall be responsible for those events which could non be foreseen. or which. though foreseen. were inevitable.

If the public presentation of this Agreement. or any duties hereunder is prevented. restricted. or interfered with by ground of: fire. inundation. temblor. detonation or other casualty or accident or act of God ; work stoppages or labour differences ; war or other force ; any jurisprudence. order announcement. ordinance. regulation. demand or demand of any governmental authorization ; or any other act or status whatsoever beyond the sensible control of the affected party. the party so affected. upon giving prompt notice to the other party. shall be excused from such public presentation to the extent of such bar. limitation or intervention ; provided. nevertheless. that the party so affected shall take all sensible stairss to avoid or take such cause of non public presentation and shall restart public presentation hereunder with despatch whenever such causes are removed.

Leave a Reply

Your email address will not be published.