Simple English definitions for legal terms
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Factual impossibility means that something cannot happen or be done because of a fact or circumstance. For example, if someone tries to steal from an empty pocket, it is factually impossible to commit the crime. However, factual impossibility is not a defense to the crime of attempt. In contracts, factual impossibility can excuse performance if the subject or means of performance has deteriorated, has been destroyed, or is no longer available, or if a law now prevents performance, or death or illness prevents performance.
Factual impossibility refers to a situation where an act cannot be accomplished due to physical or factual reasons.
These examples illustrate that factual impossibility is a defense in criminal law and contract law when the act cannot be accomplished due to physical or factual reasons.