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What are the requisites of a fortuitous event?

 

1. Cause is independent of the will of the debtor;

2. The event is unforeseeable or unavoidable;

3. Occurrence renders it absolutely impossible for the debtor to fulfill his obligation in a normal manner;
impossibility must be absolute not partial, otherwise not force majeure; and

4. Debtor is free from any participation in the aggravation of the injury to the creditor.

Note: The fortuitous event must not only be the proximate cause but it must also be the only and sole
cause. Contributory negligence of the debtor renders him liable despite the fortuitous event. (Pineda,
Obligations and Contracts, 2000 ed, p. 62)