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A and B Entered into a Contract, Subject to the Condition

Question 8

Multiple Choice

A and B entered into a contract, subject to the condition that in case the Senate will not concur in to the treaty, neither party will be liable. The Senate rejected it. Can A invoke force majeure or fortuitous event as a ground to exempt himself from liability?


A) No, because it is not an act of God.
B) Yes, because of the binding effect of contracts.
C) Yes, because while the non-concurrence is foreseeable, it is beyond their control.
D) Yes, because of the principle of liberty of contracts. (Philcomsat Corp. v. Globe Telecom, Inc. 25 May 2004. Sicam v. Jorge, 8 August 2007) .

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