Legal Definitions - impossibility

The legal concept of impossibility refers to a situation where an action or outcome cannot be achieved, often due to unforeseen circumstances. It serves as a defense in criminal law and an excuse for not fulfilling obligations in contract law.

Impossibility in Contract Law

In contract law, impossibility allows a party to be excused from performing their contractual duties if an unforeseen event occurs after the contract is made, making performance objectively impossible. This event must not be the fault of the party seeking to be excused and must fundamentally alter the ability to perform the agreed-upon task.

• Example 1: Destruction of Subject Matter

  A specialized printing company contracts with a client to produce 10,000 copies of a unique art book, using a specific, custom-built printing press that is the only one of its kind. Before the printing begins, an accidental fire completely destroys the printing press.

  Explanation: The printing company would likely be excused from the contract due to impossibility. The specific means of performance (the unique printing press) was destroyed through no fault of their own, making it objectively impossible to fulfill the contract as agreed.

• Example 2: Change in Law

  A construction company enters into a contract to build a new residential complex on a specific plot of land. Shortly after the contract is signed, the local government enacts a new zoning ordinance that reclassifies that particular land as a protected ecological reserve, prohibiting any new construction.

  Explanation: The construction company can claim impossibility. A new law, enacted after the contract was formed, makes it illegal to perform the agreed-upon construction, thus excusing them from their contractual obligations.

• Example 3: Death or Incapacity of a Unique Performer

  A family hires a world-renowned sculptor to create a custom statue for their private garden. Before the sculptor can begin the work, they suffer a severe, debilitating accident that permanently prevents them from using their hands for sculpting.

  Explanation: The sculptor's estate or the sculptor themselves would be excused from the contract. When a contract relies on the unique skills or personal services of a specific individual, their death or permanent incapacity makes performance impossible.

Impossibility in Criminal Law

In criminal law, impossibility can sometimes serve as a defense against charges for attempted crimes. It is typically divided into two categories: factual impossibility and legal impossibility.

• Example 1: Factual Impossibility (Generally NOT a Defense)

  A person attempts to steal a wallet from someone's back pocket, but unbeknownst to the perpetrator, the pocket is completely empty.

  Explanation: This is an example of factual impossibility. The person intended to commit theft and took steps towards it, but a factual circumstance (the absence of money in the wallet) prevented the completion of the crime. In most jurisdictions, factual impossibility is not a defense; the person can still be charged with attempted theft because their intent and actions demonstrated a criminal purpose.

• Example 2: Legal Impossibility (IS a Defense)

  A person believes it is a crime to wear a blue shirt on Tuesdays in their town, and they intentionally wear a blue shirt on a Tuesday, hoping to "break the law." However, no such law actually exists.

  Explanation: This illustrates legal impossibility. The person believed their actions were criminal when, in reality, they were not prohibited by law. Because the act itself is not a crime, even with criminal intent, there can be no charge for an attempted crime. Legal impossibility serves as a valid defense.