Legal Definitions - impossible consideration

In contract law, consideration is a fundamental element that makes an agreement legally binding. It refers to something of value that each party to a contract gives or promises to give to the other. This "something of value" can be a promise to do something, a promise not to do something, or the actual performance of an act. It's essentially the bargained-for exchange between the parties.

Impossible consideration occurs when the "something of value" promised by one party as consideration for a contract is, at the time the contract is formed, objectively impossible to perform or provide. If the consideration is impossible, the contract is generally not valid or enforceable because one of its essential building blocks is missing or fundamentally flawed. The impossibility must be inherent and not merely difficult or inconvenient for the promising party.

Here are some examples illustrating impossible consideration:

• Example 1: The Perpetual Motion Machine
  Imagine Sarah contracts with Mark, a self-proclaimed inventor, to pay him a large sum of money if he successfully builds a perpetual motion machine within six months. Mark promises to deliver such a machine. From a scientific and engineering standpoint, a perpetual motion machine (one that can run indefinitely without an external energy source) is impossible to create. Mark's promise to build and deliver such a device constitutes impossible consideration because the performance he is offering is inherently unachievable. Therefore, the contract would likely be unenforceable.
• Example 2: The Sunken Treasure
  Suppose a treasure hunter, Alex, enters into a contract with a collector, Brenda, promising to retrieve a specific, unique ancient artifact from a known shipwreck site in the deep ocean. Brenda agrees to pay Alex a significant reward upon the artifact's delivery. Unbeknownst to both parties at the time of the contract, the artifact had already been completely destroyed by a massive underwater landslide a week before the agreement was made. Alex's promise to retrieve and deliver the artifact is impossible consideration because the object of the contract no longer exists and cannot be retrieved. The contract would likely be void due to this impossibility.
• Example 3: Controlling Natural Phenomena
  Consider a scenario where a farmer, David, is facing a severe drought and enters into an agreement with a self-proclaimed "rainmaker," Emily. Emily promises to make it rain on David's fields within a week in exchange for a substantial fee. While Emily might perform certain rituals, the act of directly and reliably controlling natural weather patterns like rainfall is beyond human capability and is scientifically impossible. Emily's promise to "make it rain" is impossible consideration, meaning the contract would not be legally binding because the performance offered is inherently unachievable.