Impossibility - Law Dictionary Search Results
Home Dictionary Name: impossibility Page: 4Perished goods
Perished goods. 'Where there is a contract for the sale of specific goods and the goods without the knowledge of the seller have perished at the time when the contract is made, the contract is void,' and 'where there is an agreement to sell specific goods and subsequently the goods, without any fault on the part of the seller or buyer, perish before the risk passes to the buyer, the agreement is thereby avoided.'-Sale of Goods Act, 1893, ss. 6, 7. See IMPOSSIBILITY....
Nemo tenetur ad impossibilia
Nemo tenetur ad impossibilia [Lat.], no one is bound to an impossibility....
Lex non cogit ad impossibilia
Lex non cogit ad impossibilia. Hob. 96.--(The law does not compel to impossibilities.) see IMPOSSIBILITY.The law does not compel to imopossible ends. See State of Rajasthan v. Shamsher Singh, 1985 Supp SCC 416: AIR 1985 SC 1082; Raj Kumar Dey v. Tarapado Dey, (1987) 4 SCC 398: AIR 1987 SC 2195; Vinod Krishna Kaul v. Union of India, (1996) 1 SCC 41....
Impotent, Impotency
Impotent, Impotency, a party is impotent if his or her mental or physical condition makes cons-ummation of the marriage a practical impossibility. The condition must be one, according to the statute, which existed at the time of the marriage and continued to be so until the institution of the pro-ceedings. Impotency means incapacity to consum-mate the marriage and not merely incapacity for procreation (Indian Divorce Act, s. 19). In order to entitle the appellant to obtain a decree of nullity, as prayed for by him, he will have to establish that his wife, was impotent at the time of the marriage and continued to be so until the institution of the proceedings, Digvijay Singhji v. Pratap Kumari, (1969) 2 SCC 279: AIR 1970 SC 137 (138). [Hindu Marriage Act, 1955, s. 12(1) (a)]...
Impotency
Impotency means a person is impotent if his physical or mental condition make consummation of marriage a practical impossibility. Impotency may arise on account of physical defect or mental condition such as total repugnance to the sexual act, Digvijoy v. Pratap Kumari, AIR 1970 SC 87....
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....
Illegal contract
Illegal contract, an agreement to do any act forbidden either (1) by the Common Law, such as agreements to commit a crime or tort, or as for rent of lodging let for prostitution, Jennings v. Brown, (1842) 9 M&W 496; or for price of indecent picture, Fores v. Johnes. (1802) 4 Esp 97; or in prejudice to the administration of justice, Windhill Local Board v. Vint, (1890) 45 Ch D 351; or (2) by statute, as by hire of a room for a lecture in contravention of the Blasphemy Act, Cowam v. Milbourn, (1867) LR 2 Ex 230; but see Re Bowman, (1915) 2 Ch 447, or a contract by a servant of a local authority with such authority, in contravention of s. 193 of the (English) Public Health Act, 1875; also contracts in unreasonable restraint of trade; general restraint of marriage; trading with the enemy; compounding felonies; maintenance or champerty, etc. A breach of promise of marriage by a married man pending divorce after decree nisi may be actionable, Fender v. Mildmay, (1937) 53 TLR 885. Illegality ...
Frustration
Frustration. The unforeseen determination or pre-vention of a contract by 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., p. 679...
Equity
Equity [fr. 'quitas, Lat.] There is some confusion as to the meaning of Equity; as a scheme of jurispru-dence distinct from Law 'Equity' is an equivocal term; the difficulty lies in drawing the dividing lines between the several senses in which it is used. They may be distinguished thus:-(1) Taken broadly and philosophically, Equity means to do to all men as we would they should do unto us-by the Justinian Pandects, honeste vivere, alterum non l'dere, suum cuique tribuere. It is clear that human tribunals cannot cope with so wide a range or duties.(2) Taken in a less universal sense, Equity is used in contradistinction to strict law. This is Moral Equity, which should be the genius of every kind of human jurisprudence; since it expounds and limits the language of the positive laws, and construes them not according to their strict letter, but rather in their reasonable and benignant spirit.Aristotle, in his discussion concerning Moral Equity, Ethics Eud., b.v., c. x, calls it the correc...
Covenant
Covenant [fr. Covenant, Fr.], any agreement, convention, or promise of two or more parties, by deed in writing, signed, sealed, and delivered, by which either of the parties pledges himself to the other that something is either done or shall be done, or stiuplates for the truth of certain facts. He who thus promises is called the covenantor; and he to whom it is made the covenantee. A covenant being part of a deed is subject to the general rules for the construction of such instruents; as, first, to be always taken most strongly against the covenanter and most in favour of the covenantee; secondly, to be taken according to the intent of the parties; thirdly, to be construed ut res magis valeat quam pereat; fourthy, when no time is limited for its performance, that it be performed in a reasonable time.Covenants are personal obligations; formerly the did not bind theheirs of the covenanter unless the heirs were named and inthat case only to the extent of the lands descended, but if made ...
- << Prev.
- Next >>