Impossibility Of Performance - Law Dictionary Search Results
Home Dictionary Name: impossibility of performanceimpossibility of performance
impossibility of performance see impossibility ...
impossibility
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...
Impossible
Impossible, The word 'impossible' has not been used here in the sense of physical or literal impossibility. The performance of an act may not be literally impossible but it may be impracticable and useless from the point of view of the object and purpose which the parties had in view; and if an untoward event or change of circumstances totally upsets the very foundation upon which the parties rested their bargain, it can very well be said that the promisor finds it impossible to do the act which he promised to do, Satyabrata Ghose v. Mugneeram Bangur, AIR 1954 SC 44 (46). (Contract Act, 1872, s. 56)Means in the language of everyday life a thing is impossible when according to the ordinary course of human events, no expectation can be entertained that it will happen, Shephard v. Kottgen, (1877) 47 LJQB 67....
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...
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 ...
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) ...
contributory fault
contributory fault : responsibility for aiding in the accomplishment of a bad result (as an injury) ;specif : responsibility of a promisor for causing his or her promise to be impossible to perform NOTE: A promisor who is guilty of contributory fault cannot invoke the defense of impossibility. ...
impossible
impossible : not possible : incapable of being done, attained, or fulfilled [a party's performance is in part] ...
excuse
excuse ex·cused ex·cus·ing vt 1 : to grant exemption or release to [excused the prospective juror] [excused the witness after an hour of testimony] 2 : justify vi : to serve as an excuse or justification [exigent circumstances may "J. J. White and R. S. Summers"] [ik-skyüs] n 1 : excusal 2 a : a circumstance that allows for release under the law from an obligation, duty, or contractual liability compare act of god, force majeure, fortuitous event, impossibility of performance b : a circumstance (as a physical threat) that grants immunity for otherwise tortious or criminal conduct compare justification, privilege ...
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