Chapter 4, Sec.

2: Loss of the Thing Due

I. DEFINITIONS
Define or give the meaning of the ff:

1. Legal impossibility – occurs when the obligation cannot be performed because it

is rendered impossible by provision of law, although physically it may be possible
of performance.
2. Loss of thing – occurs when the object perishes, or goes out of commerce, or
disappears in such a way that its existence is unknown or it cannot be recovered.
3. Difficulty of performance – performance has become so difficult as to be
manifestly beyond the contemplation of both parties.

II. DISCUSSIONS

1. Give two (2) cases when a person may be released from an obligation validly
entered into.

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Answer: According to Art. 1266, a person may be released from an obligation if the

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prestation becomes legally or illegally impossible without the fault of the obligor.

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Another case is when (According to Art. 1267) the service has become so difficult, as
to be manifestly beyond the contemplation of both parties, the obligor may be

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released in whole or part.
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2. Give the cases when loss of the specific thing to be delivered will not exempt the
obligor from liability even in the absence of fault or delay.
Answer: According to Art.1262, the obligor will not be exempt from liability if it is
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stated by law or stipulation. This also applies when the nature of the obligation
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requires the assumption of risk.

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3. Will partial loss of the specific thing to be delivered extinguish the obligation?
Explain.
Answer: According to Art. 1264, the courts will determine if the partial loss of the
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object of the obligation is so important as to extinguish the obligation.

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III. PROBLEMS

Explain or state briefly the rule or reason for your answer.

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1. X obliged himself to deliver to Y a specific carabao to Y on July 31. The carabao died on
July 25. Y has no proof that X was negligent. Is X liable to Y?

Answer: Yes, according to Art. 1265, if the object is lost in the possession of the debtor,
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it shall be presumed that the loss was due to his fault, unless there is proof to the
contrary. Thus, X is still liable to Y unless he proves the contrary.

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 2. X obliges himself to deliver a specific thing to Y on a certain date. The thing was lost by
X without his fault and before he has incurred in delay. Does it mean that X is already
exempt from liability?

Answer: Yes. According to Art. 1262, the obligation which consists in the delivery of a
specific thing shall be extinguished if it should be lost without the fault of the debtor and
before he has incurred in delay. Since, the thing was lost without X’s fault and he is not
yet in delay, then he is already exempt from his liability.

3. Suppose in the preceding problem, the thing was lost through the fault of Z, a third
person. State the effect of the loss as far as X, Y, and Z are concerned.

Answer: According to Art. 1269, the creditor shall have the rights of action which the
debtor may have against the third persons by reason of the loss. Thus the obligation of X
is extinguished and he is no longer liable to Y. However, Y has the right to bring an
action against Z to recover the price of the thing with damages.

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