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1. The event must be independent of human will
2. The occurrence must render it impossible for the debtor to fulfill the obligation in a normal manner
3. The obligor must be free of participation in, or aggravation of, the injury to the creditor, and
4. The event must have been impossible to foresee, or if it could be foreseen, must have been impossible to avoid.
Passenger –one who travels in a public conveyance by virtue of an express or implied contract with the
common carrier paying fare or what is equivalent thereof.
NOTE: The contributory negligence of the passenger does not bar recovery of damages for his death or
injuries, if the proximate cause thereof is the negligence of the common carrier, but the amount of
damages shall be equitably reduced.
2. The occurrence must render it impossible for the debtor to fulfill the obligation in a normal manner
3. The obligor must be free of participation in, or aggravation of, the injury to the creditor, and
4. The event must have been impossible to foresee, or if it could be foreseen, must have been impossible to avoid.
Passenger –one who travels in a public conveyance by virtue of an express or implied contract with the
common carrier paying fare or what is equivalent thereof.
NOTE: The contributory negligence of the passenger does not bar recovery of damages for his death or
injuries, if the proximate cause thereof is the negligence of the common carrier, but the amount of
damages shall be equitably reduced.
