On June 5, 2000, Jose Dizon was supposed to deliver to Ruben Samia a specified red car. There was no delivery however, on said date. On June 15, 2000, the garage of the car collapsed because of an earthquake and the car was totally destroyed. Is Jose Dizon liable?
A) No, because he could plead impossibility of performance due to a fortuitous event even if he is in default.
B) Yes, because Jose Dizon is in legal delay.
C) No, because there was no demand and the car was lost through a fortuitous event.
D) Yes, because there is a perfected contract.
Correct Answer:
Verified
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