impossibility

1. The condition or quality of being impossible.
2. Something impossible.

A proposition is impossible if it could not have been true. For some of the issues, see necessity, possible worlds.

A legal excuse or defense to an action for the breach of a contract; less frequently, a defense to a criminal charge of an attempted crime, such as attempted robbery or murder.

Historically, a person who entered a contract was bound to perform according to his or her promised duties, regardless of whether it became impossible to do so. Thus, early U.S. courts did not recognize the defense of impossibility of performance. Courts noted that if the parties to a contract had desired to take into account any events that may develop after they reached an agreement, then they should have accounted for such contingencies in the contract.

As contract law developed over the twentieth century — and in response to increasing commercial activities — courts began to recognize impossibility as a valid defense to an action for breach of a contract. This defense did not normally apply if one party found it unexpectedly difficult or expensive to perform according to the contract; rather, it applied only when the basis or subject matter of the contract was destroyed or no longer existed. In addition, the defense of impossibility became available only if objective impossibility existed. Objective impossibility occurred when the contractual obligation could not actually be performed. Objective impossibility is often referred to by the statement "The thing cannot be done." For example, if a musician promised to play a concert at a specific concert hall but the concert hall subsequently burned down, it would be impossible to perform according to the contractual agreement and the musician would be excused from performing at that particular venue. Subjective impossibility exists when only one of the parties to a contract subjectively believes that she or he cannot complete the required performance. For example, if a musician believed that he had not practiced sufficiently to perform a successful concert, this belief would not excuse the musician from performing the concert. The statement "I cannot do it" frequently refers to the state of mind present in a case involving subjective impossibility.

Modern U.S. law uses the term impracticability synonymously with the term impossibility, primarily because some things may not be absolutely impossible to perform but are nevertheless impracticable to complete. Thus, the general rule is that a thing may be impossible to perform when it would not be practicable to perform. A contractual obligation is impracticable "when it can only be done at an excessive and unreasonable cost" (Transatlantic Financing Corp. v. United States, 363 F.2d 312 [D.C. Cir. 1966]).

When a party raises the defense of impracticability, courts generally determine three things: first, whether something unexpected occurred after the parties entered the contract; second, whether the parties had assumed that this thing would not occur; and third, that the unexpected occurrence made performance of the contract impracticable. Some widely recognized occurrences that would normally provide a defense of impracticability are the death or illness of one of the necessary parties, the unforeseeable destruction of the subject matter of the contract (perhaps by an "act of God"), or a supervening illegality.

Impossibility has been used as a defense to charges of attempted crimes. Historically, courts recognized that a party could not be convicted of criminal attempt if the actual crime was legally impossible to accomplish. For example, if a person was accused of attempting to receive stolen property but the property was not actually stolen, the defense of legal impossibility could arise. Legal impossibility is distinguished from factual impossibility, where facts unknown to the person attempting to commit a crime render the crime factually impossible to complete. For example, if a pickpocket attempts to steal a wallet but no wallet is present, factual impossibility may exist. Courts generally have recognized legal impossibility as a defense to a criminal attempt, but not factual impossibility. They reasoned that since a person attempting to commit a crime had formed the required intent to commit the crime, it was irrelevant that the crime was factually impossible to complete.

Impossibility as a defense to a criminal attempt has largely been rejected by modern U.S. statutes and courts. The Model Penal Code— which many states have adopted since its introduction in 1962 — expressly rejects impossibility as a defense to the charge of criminal attempt (§ 5.01 [1995]).

Quotes:

"Man can believe the impossible, but man can never believe the improbable." - Oscar Wilde

"Nothing is impossible for the man who doesn't have to do it himself." - Weiler

"In dreams and love there are no impossibilities." - Source Unknown

"I didn't know it was impossible when I did it" - Source Unknown

"A man's limitations are not the things he wants to do and can t; they are the things he ought to do but doesn't. The difficult we will do eventually, the impossible will just take a little more time." - Source Unknown

"Nothing in this world is impossible to a willing heart." - Source Unknown

See more famous quotes about Impossibility

This article is about the excuse for non-performance of a contract. For the criminal defense, see Impossibility defense.

"Impossible" redirects here. For other uses, see Impossible (disambiguation).

See modal logic for logic which discusses impossibility, contingency and necessity

This article does not cite any references or sources. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (September 2007)

Contract law

Part of the common law series

Contract formation

Offer and acceptance · Mailbox rule Mirror image rule · Invitation to treat Firm offer · Consideration

Defenses against formation

Lack of capacity Duress · Undue influence Illusory promise · Statute of frauds Non est factum

Contract interpretation

Parol evidence rule Contract of adhesion Integration clause Contra proferentem

Excuses for non-performance

Mistake · Misrepresentation Frustration of purpose · Impossibility Impracticability · Illegality Unclean hands · Unconscionability Accord and satisfaction

Rights of third parties

Privity of contract Assignment · Delegation Novation · Third party beneficiary

Breach of contract

Anticipatory repudiation · Cover Exclusion clause · Efficient breach Fundamental breach

Remedies

Specific performance Liquidated damages Penal damages · Rescission

Quasi-contractual obligations

Promissory estoppel Quantum meruit

Related areas of law

Conflict of laws · Commercial law

Other common law areas

Tort law · Property law Wills, trusts and estates Criminal law · Evidence

v • d • e

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.

However, the parties to a contract may choose to ignore impossibility by inserting a hell or high water clause, which mandates that payments continue even if completion of the contract becomes physically impossible.

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

Mathematics and Probability Theory

If an event has a 0% chance of occurrence, it is considered impossible.^[1]

Related to science

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

See also

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

This legal term article is a stub. You can help Wikipedia by expanding it. v • d • e

1. ^ Mathematical Statistics, Jun Shao, Springer Publications, 2005

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