'Effect of Force Majeure or Act of God Essay\r'

'If upon the happening of a fortuitous heretoforet or an affect of God, there concurs a corresponding fraud, negligence, chink or violation or difference of opinion in any(prenominal) manner of the stress of the obligation as provided for in expression 1170 of the Civil inscribe, which results in loss or damage, the obligor cannot escape indebtedness. It has been held that when the negligence of a individual concurs with an get along of God in producing a loss, such(prenominal) mortal is not palliate from liability by showing that the straightaway cause of the damage was the make out of God. To be exempt from liability for loss because of an act of God, he must be uninvolved from any previous negligence or misconduct by which that loss or damage may bring on been occasioned. uncaused Event †an final result which could not be foreseen, or which, though foreseen is inevitable.\r\nEssential Characteristics of a Fortuitous Event\r\n1. Cause is main(a) on the will o f the debtor; 2. impossibility of foreseeing or impossibility of avoiding it to be foreseen even if foreseen; 3. Occurrence renders it impossible for debtor to run into his obligation in a customary manner; and 4. Debtor is free from any participation in the aggravation of the wound to the creditor. General Rule: No liability in case of fortuitous event\r\nExceptions:\r\n1. By contrary stipulation in the contract; 2. Declared by rightfulness e.g. Art 552(2), 1268, 1942, 2147, 2148, 2159 of the New Civil Code; 3. Nature of the obligation requires assumption of riskiness when expressly declared by law; 4. When the obligor is in default or has promised to depict the same thing to 2 or more persons who do not have the same interests (Art. 1165 (3)) Art. 1174. Except in cases expressly specified by the law, or when it is other(a)wise declared by stipulation, or when the disposition of the obligation requires the assumption of risk, no person shall be responsible for those even ts which could not be foreseen, or which, though foreseen, were inevitable.\r\nIf the performance of this Agreement, or any obligations hereunder is prevented, restricted, or interfered with by reason of: fire, flood, earthquake, explosion or other casualty or accident or act of God; strikes or stab disputes; war or other madness; any law, order proclamation, regulation, ordinance, demand or requirement of any governmental self-confidence; or any other act or condition whatsoever beyond the reasonable control of the affected fellowship, the party so affected, upon giving prompt key to the other party, shall be excused from such performance to the extent of such prevention, hindrance or interference; provided, however, that the party so affected shall take all reasonable steps to avoid or extirpate such cause of non performance and shall suck performance hereunder with dispatch whenever such causes are removed.\r\n'