Impossibility - Law Dictionary Search Results
Home Dictionary Name: impossibilityimpossibility
impossibility 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 impossibility : impossibility based on factual circumstances ;specif : a partial defense to criminal liability based on the incompletion of an intended criminal act NOTE: Factual impossibility is not a complete defense and does allow prosecution for attempt or for another inchoate offense. For example, if the defendant constructed a bomb that failed to explode, factual impossibility would be a defense against murder charges, but not attempted murder. impossibility of per·for·mance 1 : a doctrine in contract law that a party may be released from liability for breach of contract for failing to perform an obligation that is rendered impossible by uncontrollable circumstances (as death or failure of the means of delivery) 2 : a defe...
Impossible or impermissible
Impossible or impermissible, In Words and Phrases (Permanent Edn., Vol. 20, pp. 460-61) it is stated that the term 'impossible' may sometimes be synonymous with 'impracticable'; 'impractic-able' means 'not practicable', incapable of being performed or accomplished by the means employed or at command; 'impracticable' is defined as incapable of being effected from lack of adequate means, impossible of performance, not feasible; 'impracticable' means impossible or un-reasonably difficult of performance, and is a much stronger term than 'expedient'. In The Law Lexicon (P. Ramanatha Aiyar, 2nd Edn., p. 889) one of the meanings assigned to impracticable is ''not possible' or 'not feasible'; at any rate it means something very much more than 'not reasonably practicable''. In the New Oxford Dictionary of English (1998, at p. 918), impracticable (of a course of action) is defined to mean 'impossible in practise to do or carry out'. The same dictionary states the usage of the term in these words...
impossibility of performance
impossibility of performance see impossibility ...
legal impossibility
legal impossibility see impossibility ...
Impossibility
Impossibility. If a man contract to do a thing which is absolutely impossible by its nature, such contract will not bind him--lex non cogit ad impossibilia, e.g., where the subject-matter has perished before date of contract, or never existed [see (English) Sale of Goods Act, 1893, s. 6; and Conturier v. Hastie, (1852) 8 Ex 43 & HLC 673]; but where the contract operating as a transfer of real property, e.g., as a demise, is to do a thing which is possible in itself, but which becomes impossible, he will be liable for the breach; thus, where a lessee covenants to repair and to leave in repair the demised premises he is not discharged from his liability because they happen to be destroyed [see Bullock v. Dommitt, (1796) 6 TR 650]; or requisitioned by the military, Whitehall Court Ltd. v. Etlinger, (1920) 1 KB 680.The non-performance of a contract which arises from an act of the law having rendered performance impossible is excused, see Baily v. De Crespigny, (1869) LR 4 QB 180; Re Shipto...
factual impossibility
factual impossibility see impossibility ...
Lex non intendit aliquid impossible
Lex non intendit aliquid impossible [Lat.], the law intends not anything impossible....
impossible
impossible : not possible : incapable of being done, attained, or fulfilled [a party's performance is in part] ...
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 ...
Tail after possibility of issue extinct, Tenant in
Tail after possibility of issue extinct, Tenant in. This estate arises out of a special entail as to the parentage of the issue, when the express condition has become impossible by reason of death. Thus, if an estate be granted to husband and wife, and their issue, male or female, if either of them die without issue, the survivor is tenant-in-tail after possibility of issue extinct; and even if there have been issue, yet if the issue die without issue, then the surviving parent is also such a tenant; and also if an estate be entailed upon a man and his issue from a particular wife, if she die without issue, the interest of the husband becomes reduced to a tenancy-in-tail after possibility of issue extinct. Only a donee in tail-special can become such a tenant, for if the entail be general, such a tenancy can never arise; for whilst he lives he may have issue, the law not admitting the impossibility of having children at any age. As an estate-tail is originally carved out of a fee-simpl...
- << Prev.
- Next >>