Commercial Impracticability - Law Dictionary Search Results

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commercial impracticability

commercial impracticability : impracticability ...

impracticability 1 : the state of being impracticable 2 : a doctrine in contract law: relief from obligations under a contract may be granted when performance has been rendered excessively difficult, expensive, or harmful by an unforeseen contingency ;also : a defense to breach of contract on the ground that it has been rendered impracticable called also commercial impracticability impracticability of performance compare frustration impossibility of performance at impossibility NOTE: Under section 2-615 of the Uniform Commercial Code, the impracticability must arise “by the occurrence of contingency the non-occurrence of which was a basic assumption on which the contract was made” or by compliance with the law. 3 : excessive difficulty in carrying out a procedure (as joinder) ...

Impracticability

Impracticability, 'Impracticability' is a concept different from 'impossibility' for while the latter is absolute, the former introduces at all events some degree of reason and involves some regard for practice. 'Impracticable' presupposes that the action is 'possible' but owing to certain practical difficulties or other reasons it is incapable of being performed, Major Radha Krishan v. Union of India, AIR 1996 SC 3091 (3093): (1996) 3 SCC 507.The meaning of the term 'impracticable' in sub-rule (2) of Rule 14. In Major Radha Krishan case ((1996) 3 SCC 507: 1996 SCC (L&S) 761.) the Supreme Court has held: 'When the trial itself was legally impossible and impermissible the question of its being impracticable, in our view cannot or does not arise. 'Impracticability' is a concept different from 'impossibility' for while the latter is absolute, the former introduces at all events some degree of reason and involves some regard for practice. According to Webster's Third New International Dict...

Impracticable

Impracticable means not practicable, incapable of being performed or accomplished by the means employed at command 'Impracticable' presupposes that the action is 'possible' but owing to certain practical difficulties or other reasons it is incapable of being performed, Union of India v. Harjeet Singh Sandhu, (2001) 5 SCC 593.Is defined as incapable of being effected from lack of adequate means, impossible of performance, not feasible.Impracticable means impossible or unreasonabley difficult of performance, and is a much stronger term than expedient, Union of India v. Harjeet Singh Sandhu, (2001) 5 SCC 593.Is defined to mean impossible in practice to do or carry out, New Oxford Dictionary of English, 1998, p. 918.Means not possible or not feasible, Law Lexicon, P. Ramanatha Aiyar, 2nd Edn., p. 889.Means not practicable words and phrases, Permanent Edn., Vol. 20, pp. 460-61).In matters of business a thing is said to be impossible when it is not practicable, and a thing is impractic-able ...

Impracticableness

The state or quality of being impracticable impracticability...

Commercial establishment

Commercial establishment, in the definition of a Commercial Establishment in s. 2 cl. 3 of the U.P. Shops and Commercial Eastblishment Act, 1947, the clerical and other establishments of a factory to whom the provisions of the Factories Act, 1934, do not apply, are included in the connotation of that expression. It is true that the reference in the definition by which clerical and other establish-ments of factories are included is to the Factories Act of 1934, but by virtue of s. 8 of the General Clauses (1987 10 of 1897), it must be construed as a reference to the provisions of the Factories Act LXIII of 1948 which repealed the Factories Act of 1934 and re-enacted it. It is difficult to say that field workers who are employed in guiding, supervising and controlling the growth and supply of sugarcane to be used in the factory are employed either in the precincts of the factory or in the premises of the factory; and if these workers are not employed in a factory, the provisions of the F...

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