SECTION 2. IMPOSSIBILITY OF PERFORMANCE Art. 1873. Obligor not liable when failure caused by fortuitous event An obligor is not liable for his failure to perform when it is caused by a fortuitous event that makes performance impossible. An obligor is, however, liable for his failure to perform when he has assumed the risk of […]
Art. 1874. Fortuitous event that would have destroyed object in hands of obligee An obligor who had been put in default when a fortuitous event made his performance impossible is not liable for his failure to perform if the fortuitous event would have likewise destroyed the object of the performance in the hands of the […]
Art. 1875. Fortuitous event A fortuitous event is one that, at the time the contract was made, could not have been reasonably foreseen. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
Art. 1876. Contract dissolved when performance becomes impossible When the entire performance owed by one party has become impossible because of a fortuitous event, the contract is dissolved. The other party may then recover any performance he has already rendered. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
Art. 1877. Fortuitous event that has made performance impossible in part When a fortuitous event has made a party’s performance impossible in part, the court may reduce the other party’s counterperformance proportionally, or, according to the circumstances, may declare the contract dissolved. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
Art. 1878. Fortuitous event after obligor performed in part If a contract is dissolved because of a fortuitous event that occurred after an obligor has performed in part, the obligee is bound but only to the extent that he was enriched by the obligor’s partial performance. Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
