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Simple English definitions for legal terms
factual impossibility
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A quick definition of factual impossibility:
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.
A more thorough explanation:
Factual impossibility refers to a situation where an act cannot be accomplished due to physical or factual reasons.
- Trying to pick an empty pocket is an example of factual impossibility in criminal law.
- If a contractor is unable to complete a construction project due to the destruction of the building site, it is an example of factual impossibility in contract law.
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.