This case has been cited 2 times or more.
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2009-05-08 |
TINGA, J. |
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| A fortuitous event may either be an act of God, or natural occurrences such as floods or typhoons, or an act of man such as riots, strikes or wars.[21] However, when the loss is found to be partly the result of a person's participation-whether by active intervention, neglect or failure to act the whole occurrence is humanized and removed from the rules applicable to a fortuitous event.[22] | |||||
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2007-11-22 |
AUSTRIA-MARTINEZ, J. |
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| Article 1174 of the Civil Code defines a fortuitous event as that which could not be foreseen, or which, though foreseen, was inevitable. Whether an act of god[16] or an act of man,[17] to constitute a fortuitous event, it must be shown that: a) the cause of the unforeseen and unexpected occurrence or of the failure of the obligor to comply with its obligations was independent of human will; b) it was impossible to foresee the event or, if it could have been foreseen, to avoid it; c) the occurrence rendered it impossible for the obligor to fulfill its obligations in a normal manner; and d) said obligor was free from any participation in the aggravation of the injury or loss.[18] If the negligence or fault of the obligor coincided with the occurrence of the fortuitous event, and caused the loss or damage or the aggravation thereof, the fortuitous event cannot shield the obligor from liability for his negligence.[19] | |||||