Effect of Force Majeure or Act of God Essay

If upon the happening of a fortuitous event or an act of God, there concurs a corresponding fraud, heedlessness, delay or violation or difference in either manner of the tenor of the arrangement as provided for in cunningicle 1170 of the Civil Code, which results in harm or modify, the obligor cannot escape liability. It has been held that when the negligence of a person concurs with an act of God in producing a loss, much(prenominal) person is not exempt from liability by showing that the spry cause of the damage was the act of God. To be exempt from liability for loss because of an act of God, he must be free from some(prenominal) precedent negligence or misconduct by which that loss or damage may have been occasioned. Fortuitous Event an event which could not be foreseen, or which, though foreseen is inevitable.Essential Characteristics of a Fortuitous Event1. try is independent on the will of the debtor2. Impossibility of foreseeing or impossibleness of avoiding it to be foreseen even if foreseen 3. Occurrence renders it impossible for debtor to fulfill his obligation in a normal manner and 4. Debtor is free from any participation in the aggravation of the injury to the creditor. General Rule No liability in case of fortuitous eventExceptions1. By perverse stipulation in the contract2. Declared by law e.g. Art 552(2), 1268, 1942, 2147, 2148, 2159 of the New Civil Code 3. Nature of the obligation requires assumption of adventure when expressly declared by law 4. When the obligor is in default or has promised to deliver the same thing to 2 or more persons who do not have the same interests (Art. 1165 (3)) Art. 1174. Except in cases expressly contract by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable.If the performance of this Agreement, or any obligations hereunder is prevented, restricted, or interfered with by reason of fire, flood, earthquake, explosion or other contingency or accident or act of God strikes or exertion disputes war or other violence any law,order proclamation, regulation, ordinance, train or requirement of any governmental authority or any other act or condition whatsoever beyond the sane control of the affected party, the party so affected, upon giving prompt beak to the other party, shall be excused from much(prenominal) performance to the extent of much(prenominal) prevention, restriction or interference provided, however, that the party so affected shall go for all reasonable steps to avoid or remove such cause of non performance and shall resume performance hereunder with dispatch whenever such causes are removed.