Impracticability - Law Dictionary Search Results
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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...
commercial impracticability
commercial impracticability : impracticability ...
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 ...
Impracticably
In an impracticable manner...
impracticable
impracticable : excessively difficult to perform esp. by reason of an unforeseen contingency [a contract made by the new regulation] ...
Impracticable
Not practicable incapable of being performed or accomplished by the means employed or at command impossible as an impracticable undertaking...
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...
Impracticableness
The state or quality of being impracticable impracticability...
Presetment of Bill of Exchange, Cheque, or Pro-missory Note
Presetment of Bill of Exchange, Cheque, or Pro-missory Note, the presenting of a bill by the holder to the drawee for acceptance, or to the acceptor or an indorser for payment of, a cheque to the banker for payment, and of a note to the maker or indorser for payment.The law on this subject is regulated by the (English) Bills of Exchange Act, 1882, as follows:-Presentment of Bill for Acceptance.--Presentment is necessary if the bill be payable after sight or if it be expressly stipulated for by the bill, or if it be drawn payable elsewhere than at the residence or place of business of the drawee, but in no other case (s. 39). When a bill payable after sight is negotiated, the holder must either present or negotiate it within a reasonable time (s. 40).'The presentment must be made by or on behalf of the holder to the drawee or to some person authorized to accept or refuse acceptance on his behalf at a reasonable hour on a business day and before the bill is overdue.' Presentment must be ...
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