Force majeure (/ˌfɔːrs mɑːˈʒɜːr, -məˈʒɜːr/ FORSS mah-ZHUR, -⁠mə-ZHUR; French: [fɔʁs maʒœʁ]) – or vis

major (Latin) – meaning "superior force", also known as cas fortuit (French) or casus fortuitus (Latin)
"chance occurrence, unavoidable accident",[1] is a common clause in contracts that essentially frees
both parties from liability or obligation when an extraordinary event or circumstance beyond the control
of the parties, such as a war, strike, riot, crime, or an event described by the legal term act of God
(hurricane, flood, earthquake, volcanic eruption, etc.), prevents one or both parties from fulfilling their
obligations under the contract. In practice, most force majeure clauses do not excuse a party's non-
performance entirely, but only suspend it for the duration of the force majeure.[2][3]

Force majeure is generally intended to include occurrences beyond the reasonable control of a party,
and therefore would not cover:

Any result of the negligence or malfeasance of a party, which has a materially adverse effect on the
ability of such party to perform its obligations.[4]

Any result of the usual and natural consequences of external forces.

To illuminate this distinction, take the example of an outdoor public event abruptly called off.

If the cause for cancellation is ordinary predictable rain, this is most probably not force majeure.

If the cause is a flash flood that damages the venue or makes the event hazardous to attend, then this
almost certainly is force majeure.

Some causes might be arguable borderline cases (for instance, if unusually heavy rain occurred,
rendering the event significantly more difficult, but not impossible, to safely hold or attend); these must
be assessed in light of the circumstances.

Any circumstances that are specifically contemplated (included) in the contract—for example, if the
contract for the outdoor event specifically permits or requires cancellation in the event of rain.

Under international law, it refers to an irresistible force or unforeseen event beyond the control of a
state making it materially impossible to fulfill an international obligation, and is related to the concept of
a state of emergency.[

In our civil laws, there is a difference between a fortuitous event and force majeure.
The former is what we would strictly describe as an Act of God, while the latter
connotes the participation of human beings.
A fortuitous event is an unforeseen event or, if foreseen, inevitable. It is also called
an act of God (if due to a natural occurrence, like an earthquake) and force majeure
if caused by man, such as war. There are ordinary fortuitous events, which are events
that normally happen, reasonable foreseeable and inevitable (like flooding during a
typhoon) and extraordinary fortuitous events, which can't be foreseen/reasonably
foreseen and don't usually happen (like war.) The requisites of a fortuitous event are
the following:

1.) The cause is independent of the debtor/obligor's will (read: he didn't cause it)

2.) It was an unforeseen or unavoidable event

3.) The happening of the event made it impossible for the debtor/obligor to fulfill his
obligation in a normal manner

4.) The debtor didn't take advantage of the event to aggravate the injury to
thecreditor/obligee

The general rule is that there is no liability in case of a fortuitous event. The
exceptions are the following:

1.) When the law itself expressly declares so (ex. Arts. 552(2,) 1165(3,) 1268, 1942,
2147 and 2159 of the Civil Code)

2.) When expressly stated in the contract

3.) When the obligation's nature requires the assumption of risk (Art. 1174)

4.) When the obligor/debtor is in default or has promised to deliver the same thing
to 2 or more persons who don't have the same interest

A fortuitous effect will not affect a generic obligation, because a generic object can
always be replaced by another. It will, however, affect a determinate/specific
obligation because the object of the obligation is specified -but the exceptions must
still be observed.
Some other exceptions are listed here:

1.) When it's expressly stipulated that the obligor/debtor is liable even if non-
performance is due to a fortuitous event (Art. 1174, Civil Code)

2.) The obligor/debtor is in delay (Art. 1165)

3.) The possessor is in bad faith and the thing is lost or deteriorates because of the
fortuitous event (Art. 552)

4.) The obligor/debtor contributed to the loss of the thing (Tan vs Inchausti, 22 Phil
152)

5.) The obligor/debtor is guilty of fraud, negligence or delay or if he violated the

tenor of the obligation (144 SCRA 596, 160 SCRA 334)

Common carriers must pay heed to the following:

1.) Mechanical defects in vehicles or vessels are not fortuitous events (Sweet Lines
vs. CA 121 SCRA 769, Necesito vs. Paras 104 Phil 75)

2.) Blowout of a passenger bus tire is not a fortuitous event (La Mallorca vs. de Jesus
123 Phil 875, Juntilla vs. Fontanar 136 SCRA 624)

3.) Defective brakes of the vehicle do not constitute a fortuitous event (Vergara vs.
CA 154 SCRA 564)

ISTHEREADIFFERENCEBETWEENFORTUITOUSEVENTSANDFORCEMAJEURE?Ordinarily,
the terms “fortuitous event” and “force majeure” are used interchangeably. There is,
however, a technical difference. “Force majeure” is a term that is applicable only to
those fortuitous events which are dependent upon human intervention, such as
wars, strikes, riots, etc., while “fortuitous event” is the general term that is
applicable regardless of whether the event is independent of or dependent upon
human intervention.NOTEthat when the object of the prestation is generic (like
payment of a sum of money as a consequence of a loan contract), the debtor cannot
avail of the benefit of a fortuitous event.(2) If by his intervention he prevented a
more competent person from taking up the management. ARTICLE 2159. Whoever in
bad faith accepts an undue payment, shall pay legal interest if a sum of money is
involved, or shall be liable for fruits received or which should have been received if
the thing produces fruits.ARTICLE 129. Upon the dissolution of the conjugal
partnership regime, the following procedure shall apply: x x x (6) Unless the owner
has been indemnified from whatever source, the loss or deterioration of movables
used for the benefit of the family, belonging to either spouse, even due to fortuitous
event, shall be paid to said spouse from the conjugal funds, if any.

Determinate thing and generic thing

A thing is determinate when it is particularly designated or physically segregated

from all others of the same class. (Art. 1460) It is determinate or specific if it is
distinct from all others and can individually be classified or determined. From the
word itself determinate meaning can be determined from all others. Examples:
Romeo's only horse named Alden, Kawasaki Raider with engine number 12345 and
plate number HX1123, and Romeo's one and only Rolex 3310 made in China with
serial number 265747.

In contrast, indeterminate or generic thing is the opposite of determinate or specific

thing; that is, generic or indeterminate thing is not particularly designated or
physically segregated from all others of the same class. It means that a thing cannot
be specifically determined from things of the same class. The thing can be replaced
by another thing that is of the same quality. Examples: a horse, a motorcycle, a sack
of rice, a car, and USD 100, 000.