Impossibility

Impossibility

In contract law, impossibility is an excuse for the nonperformance of duties under a contract, based on a change in circumstances (or the discovery of preexisting circumstances), the nonoccurrence of which was an underlying assumption of the contract, that makes performance of the contract literally impossible. For such a defense to be raised, performance must not merely be difficult or unexpectedly costly for one party; there must be no way for it to actually be accomplished.

For example, if Rachel contracts to pay Joey $1000 to paint her house on October 1, but the house burns to the ground before the end of September, Rachel is excused from her duty to pay Joey the $1000, and he is excused from his duty to paint her house; however, Joey may still be able to sue for the unjust enrichment of any benefit conferred on Rachel before her house burned down.

The English case that established this doctrine at common law is "Taylor v. Caldwell."

Related to science

* Impossibility by John D. Barrow ©1998 ISBN 0-09-977211-6 - Investigates the limits of science and the science of limits.

ee also

* Impossibility defense
* Contract law
* "Force majeure"
* Hardship clause
* Hell or high water clause
* Mutual assent


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  • impossibility — im·pos·si·bil·i·ty n pl ties 1: the quality or state of being impossible; also: the affirmative defense that something (as performance) is impossible 2: something impossible 3: impossibility of performance in this entry fac·tu·al impossibili …   Law dictionary

  • Impossibility — Im*pos si*bil i*ty, n.; pl. {Impossibilities}. [L. impossibilitas: cf. F. impossibilit[ e].] 1. The quality of being impossible; impracticability. [1913 Webster] They confound difficulty with impossibility. South. [1913 Webster] 2. An impossible… …   The Collaborative International Dictionary of English

  • impossibility — (n.) late 14c., quality of being impossible, from IMPOSSIBLE (Cf. impossible) + ITY (Cf. ity); perhaps from or modeled on Fr. impossibilité. Meaning an impossible thing or occurrence is from c.1500 …   Etymology dictionary

  • impossibility — [im päs΄ə bil′i tē] n. [OFr impossibilite < LL impossibilitas] 1. the fact or quality of being impossible 2. pl. impossibilities something impossible …   English World dictionary

  • Impossibility — (Roget s Thesaurus) < N PARAG:Impossibility >N GRP: N 1 Sgm: N 1 impossibility impossibility &c. >Adj. Sgm: N 1 what cannot what cannot what can never be Sgm: N 1 sour grapes sour grapes Sgm: N 1 hopelessness hopelessness &c. 859 P …   English dictionary for students

  • impossibility — That which, in the constitution and course of nature or the law, no person can do or perform. Impossibility is of the following several sorts: An act is physically impossible when it is contrary to the course of nature. Such an impossibility may… …   Black's law dictionary

  • impossibility — That which, in the constitution and course of nature or the law, no person can do or perform. Impossibility is of the following several sorts: An act is physically impossible when it is contrary to the course of nature. Such an impossibility may… …   Black's law dictionary

  • impossibility — UK [ɪmˌpɒsəˈbɪlətɪ] / US [ɪmˌpɑsəˈbɪlətɪ] noun [countable/uncountable] Word forms impossibility : singular impossibility plural impossibilities the fact of being impossible, or something that is impossible to do Working from home would be an… …   English dictionary

  • impossibility — im|pos|si|bil|i|ty [ ım,pasə bıləti ] noun count or uncount the fact of being impossible, or something that is impossible to do: Working from home would be an impossibility. the impossibility of finding suitable work …   Usage of the words and phrases in modern English

  • impossibility — That which is impossible. See impossibility of performance; impossible; physical impossibility …   Ballentine's law dictionary

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