X, a dressmaker, accepted clothing materials from Karla to make two dresses for her. On the day X was supposed to deliver Karla’s dresses, X called up Karla to say that she had an urgent matter to attend to and will deliver them the next day. That night, however, a robber broke into her shop and took everything including Karla’s two dresses. X claims she is not liable to deliver Karla’s dresses or to pay for the clothing materials considering she herself was a victim of the robbery which was a fortuitous event and over which she had no control. Do you agree? Why? (3%)
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Yes, I agree that X is not liable to deliver the dresses or pay for the clothing materials. Under Article 1718 of the Civil Code, in a contract for a piece of work where the contractor furnishes only
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Quick check
Under Article 1718 of the Civil Code, who bears the loss of materials destroyed by a fortuitous event before delivery in a contract for a piece of work where the customer provided the materials?
In a contract for a piece of work where the customer furnishes the materials, the customer bears the risk of loss due to fortuitous events.
Under Article 1174 of the Civil Code, what is the general legal effect of a fortuitous event on a contractual obligation?
A fortuitous event generally exempts the obligor from liability and extinguishes the contractual obligation.
When does a debtor incur in legal delay (mora) under Article 1169 of the Civil Code?
Legal delay arises only after judicial or extrajudicial demand by the creditor unless demand is waived.
Why was X not in legal delay when the robbery occurred at her dressmaking shop?
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What is the status of X's obligation to deliver Karla's dresses after the shop was robbed without X's fault or delay?
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Learn more about these topics
1. Contract Piece Work
Under Article 1717 and Article 1718 of the Civil Code, a contract for a piece of work occurs when a person executes work for another for a price. If the contractor furnishes only her labor or skill and the customer supplies the materials, the risk of loss of the materials prior to delivery is borne by the owner of the materials. If the materials are lost or destroyed by a fortuitous event without fault or delay on the part of the contractor, the contractor's obligation to complete and deliver the work is extinguished.
2. Fortuitous Event Effect
Under Article 1174 of the Civil Code, no person shall be responsible for events which could not be foreseen or which, though foreseen, were inevitable. To exempt an obligor from liability due to a fortuitous event, the cause of the breach must be independent of human will, the event must render it impossible to fulfill the obligation in a normal manner, and the obligor must be free from concurrent negligence or delay. Robbery with force or violence constitutes a fortuitous event that extinguishes contractual obligations.
3. Mora Solvendis Delay
Under Article 1169 of the Civil Code, obligors incur in delay from the time the obligee judicially or extrajudicially demands the fulfillment of their obligation. If the creditor agrees or consents to a postponed delivery date, the debtor is not in legal delay (mora). Because an obligor who is not in delay is not liable for loss due to fortuitous events under Article 1165, an agreed postponement protects the contractor when a robbery occurs during the extended delivery period.