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Question 1
1. Carlos and Chloe scheduled their intimate wedding on September 4, 2024
at 7:00 p.m. in Manila. Chloe purchased from Angelica a gold wedding
ring with engraving “Love, Carlos” for PHP 1,000,000.00. Angelica
promised to deliver the ring on or before the wedding day. On September
1, 2024, a weather bulletin warned that super typhoon Enteng will enter
the country within three days. On September 4, 2024 at 6:00 a.m.,
typhoon Enteng and the enhanced southwest monsoon caused massive
flooding that rendered major roads in Manila impassable to all kinds of
vehicles. Angelica failed to deliver the ring in time for Carlos and Chloe’s
wedding which pushed through despite the typhoon. Angelica delivered
the ring the following day after the flood subsided. Chloe filed against
Angelica a complaint for damages. Angelica denied liability and argued
that typhoon is a fortuitous event. Chloe replied that typhoon is not a
fortuitous event because its arrival was earlier announced. In any event,
the typhoon will not exempt Angelica because of her negligence and
default. Angelica was negligent when she failed to pay attention to the
forecast and was in default when she delivered the ring after the
wedding. Is Angelica liable for damages due to default in complying
with her obligation? Explain.
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