Practical impossibility - a legal doctrine that excuses a party from performing a contractual obligation when performance becomes impracticable due to unforeseen circumstances.
Practical impossibility is a legal doctrine that may excuse a party from performing a contractual obligation when performance becomes impracticable due to unforeseen circumstances. Impracticability means that the performance of the contract has become extremely difficult or impossible, but not absolutely impossible. The doctrine of practical impossibility is based on the principle that a party should not be held liable for failing to perform a contract when circumstances beyond their control make performance impossible.
The doctrine of practical impossibility has been applied in a variety of cases. For example, in one case, a party was excused from performing a contract to build a house when the land on which the house was to be built was destroyed by a fire. In another case, a party was excused from performing a contract to deliver goods when the goods were destroyed in a shipwreck.
The doctrine of practical impossibility is not without its limits. For example, the doctrine will not apply if the party seeking to be excused from performance created the impracticability. Additionally, the doctrine will not apply if the party seeking to be excused from performance could have reasonably foreseen the impracticability and taken steps to avoid it.
Practical impossibility
Unforeseeability: The impracticability must be caused by an event that the party could not have reasonably foreseen at the time the contract was entered into. Extreme difficulty or impossibility: The performance of the contract must have become extremely difficult or impossible, but not absolutely impossible. No fault of the party seeking to be excused: The party seeking to be excused from performance must not have caused the impracticability.Practical impossibility and Contract Law
Frustration of purpose: The doctrine of practical impossibility may be applied when the purpose of the contract has been frustrated by an unforeseen event. Impossibility of performance: The doctrine of practical impossibility may be applied when the performance of the contract has become impossible due to an unforeseen event. Unjust enrichment: The doctrine of practical impossibility may be applied to prevent one party from being unjustly enriched at the expense of the other party.Practical impossibility in the Real World
Natural disasters: Natural disasters, such as earthquakes, floods, and hurricanes, can make it impossible to perform a contract. War and civil unrest: War and civil unrest can make it impossible to perform a contract. Strikes and labor disputes: Strikes and labor disputes can make it impossible to perform a contract.FAQs on Practical Impossibility
This section provides answers to frequently asked questions about the legal doctrine of practical impossibility.
Question 1: What is practical impossibility?
Answer: Practical impossibility is a legal doctrine that may excuse a party from performing a contractual obligation when performance becomes impracticable due to unforeseen circumstances. Impracticability means that the performance of the contract has become extremely difficult or impossible, but not absolutely impossible.
Question 2: What are the key elements of practical impossibility?
Answer: The key elements of practical impossibility are:
Unforeseeability: The impracticability must be caused by an event that the party could not have reasonably foreseen at the time the contract was entered into. Extreme difficulty or impossibility: The performance of the contract must have become extremely difficult or impossible, but not absolutely impossible. No fault of the party seeking to be excused: The party seeking to be excused from performance must not have caused the impracticability.Summary: Practical impossibility is a complex legal doctrine that can be applied in a variety of circumstances. The key elements of practical impossibility are unforeseeability, extreme difficulty or impossibility, and no fault of the party seeking to be excused.
Conclusion
Practical impossibility is a legal doctrine that can excuse a party from performing a contractual obligation when performance becomes impracticable due to unforeseen circumstances. The doctrine is based on the principle that a party should not be held liable for failing to perform a contract when circumstances beyond their control make performance impossible.
The doctrine of practical impossibility has been applied in a variety of cases, including cases involving natural disasters, war and civil unrest, and strikes and labor disputes. The doctrine is a valuable tool that can be used to protect parties from being held liable for failing to perform a contract when circumstances beyond their control make performance impossible.
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(PDF) On the Practical Impossibility of Being Both WellInformed and
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