Impossibility Of Performance - Law Dictionary Search Results
excuse
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
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
Lex neminem cogit ad vana seu inutilia peragenda
of an obligation is possible at the time of its making, but before it can be performed becomes impossible by an act of God, the law, or the obligee, the obligation is saved. … the condition of an obligation is possible at the time of its making, but before it can be performed becomes impossible by an act of God, the law, or the obligee, the obligation is saved.
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Frustration
reason of the destruction of the subject-matter or other common ground forming the basis of the agreement. See IMPOSSIBILITY. The prevention or hindering of attainment of a goal, such as contractual performance Black's Law Dictionary, 7th Edn.,
contingency
: an event that may but is not certain to occur [a that made performance under the contract impossible] b : something likely to come about as an adjunct to or result of something else ;specif :
Impracticable
Not practicable incapable of being performed or accomplished by the means employed or at command impossible as an impracticable undertaking … Not practicable incapable of being performed or accomplished by the means employed or at command impossible as an impracticable undertaking
Impracticability
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 … 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
Consideration
the one side, or mental incompetency on the other, and, inequity, inadequacy maybe a reason for refusing specific performance, Pegler v. White, 33 Beav 403. (b) Forbearance for a time to institute a suit upon a well-founded … is not necessary that the consideration and promise should be equivalent in actual value, for it would be impossible precisely to determine whether, in a given case, the consideration were adequate, without a psychological investigation into the
frustration
fault of either party called also frustration of purpose frustration of the venture compare cause, force majeure clause, impossibility, impracticability NOTE: In order for frustration to be used as a successful defense to a breach of contract … that frustrates 2 : a common-law doctrine of contract law: parties to a contract may be excused from performance even though performance is still possible if the reason for making the contract is partially or completely frustrated
injunction
refrain from doing a specified act compare cease-and-desist order at order, damage declaratory judgment at judgment, mandamus specific performance at performance, stay NOTE: An injunction is available as a remedy for harm for which there is no … which an award of money damages is not a satisfactory solution or for which a monetary value is impossible to calculate. A defendant who violates an injunction is subject to penalty for contempt. affirmative injunction : an
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