La. Civ. Code art. 1874

Current with changes from the 2024 Legislative Session
Section 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 obligee had performance been timely rendered.

That obligor is, however, liable for the damage caused by his delay.

La. C.C. § 1874

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
Acts 1984, No. 331, §1, eff. 1/1/1985.