Loss of the Thing Due

Loss of the thing due extinguishes real obligation when all, 3xcept one below are present. Which one is the exception?

• The loss of the thing occurs without the fault of the debtor.

• The debtor is not guilty of fraud.

• The debtor is guilty of delay.

• The obligation is to deliver a specific thing.

Despite of fortuitous event resulting to the loss of the specific thing, the obligation is not extinguished when

• Obligation arises from a crime

• The law so provides

• The debtor incurred in delay

• All of the above

In case of natural calamities, the presumption of fault does not apply. Lack of fault on the part of the debtor is more likely.

• True

• False

The obligation having been extinguished by the loss of the thing, the creditor shall have all the rights of action which the debtor may have against third person by reason of the loss.

• True

• False

Latin for "generic thing never perishes"

(a)