Fortuitous Event: Meaning
Quick answer
A fortuitous event, also called force majeure or caso fortuito, is an event that could not be foreseen, or that could be foreseen but could not be avoided. Under Article 1174 of the Civil Code, as a rule no one is liable for such events. But the excuse does not apply when the law or the contract says otherwise, or when the person was negligent.
Also called: Force majeure, Caso fortuito
What does Article 1174 say?
Except in cases expressly specified 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.
So there are three exceptions: the law says the person is liable anyway, the contract says so, or the obligation by its nature includes the risk. See Article 1174 for the full explanation.
What are the elements?
In Sicam v. Jorge (2007), the Supreme Court said these elements must concur:
- the cause of the event, or of the failure to perform, is independent of human will;
- it is impossible to foresee the event or, if it can be foreseen, impossible to avoid it;
- the event makes it impossible for the debtor to fulfill the obligation in a normal manner; and
- the obligor is free from any participation in the aggravation of the injury or loss.
The Court added that "the burden of proving that the loss was due to a fortuitous event rests on him who invokes it", and that the person must have committed no negligence or misconduct that may have occasioned the loss. It also said that "Robbery per se, just like carnapping, is not a fortuitous event."
What happens to an obligation to deliver a thing?
Under Article 1262, an obligation to deliver a determinate thing is extinguished if the thing is lost or destroyed without the debtor's fault and before he has incurred in delay. If the law or the contract makes him liable even for fortuitous events, or the nature of the obligation requires the assumption of risk, the loss does not extinguish the obligation and he answers for damages.
How is it different from negligence?
A fortuitous event excuses only a person who was not at fault. If negligence caused or worsened the loss, the person may be liable, for example for a quasi-delict under Article 2176. Whether an event was really unavoidable is decided on the facts of each case.
Example
Made-up illustration: A typhoon floods a warehouse that was built and kept with ordinary care, destroying a specific machine that the seller had agreed to deliver. The seller may invoke Article 1174, unless the contract says the seller bears that risk. But if the seller was already late in delivering when the typhoon hit, Article 1262 does not let him escape, because the loss must happen before the debtor is in delay.
For more, see Fortuitous event and force majeure.
Which provisions use this term?
Which Supreme Court rulings are relevant?
Frequently asked questions
What is a fortuitous event in simple words?
It is an event that could not be foreseen, or that could be foreseen but could not be avoided. Under Article 1174 of the Civil Code, as a rule no one is liable for such events.
What are the elements of a fortuitous event?
As listed in Sicam v. Jorge (2007): the cause is independent of human will; the event is impossible to foresee or, if foreseeable, impossible to avoid; it makes normal performance of the obligation impossible; and the obligor did not take part in aggravating the injury or loss.
When is a person liable even for a fortuitous event?
Under Article 1174, when the law expressly says so, when the contract says so, or when the nature of the obligation requires the assumption of risk.
Is a robbery a fortuitous event?
Not by itself. In Sicam v. Jorge (2007), the Supreme Court said robbery per se is not a fortuitous event, and held a pawnshop liable for pawned jewelry taken in a robbery.
Who has to prove the fortuitous event?
The person who invokes it. In Sicam, the Court said that person must also show that he committed no negligence or misconduct that may have occasioned the loss.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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