Legal Definitions - objective impossibility

Objective impossibility refers to a situation where a contractual obligation cannot be performed by anyone, not just the specific party who promised to perform it. It means that the task itself is inherently impossible to accomplish due to circumstances beyond anyone's control, rather than merely being difficult or impossible for a particular individual or entity.

This concept is crucial in contract law because if a contract's performance becomes objectively impossible, the parties may be excused from their obligations, often leading to the termination of the contract without liability for breach.

• Example 1: Destruction of a Unique Subject Matter

  Imagine a contract where a collector agrees to purchase a specific, one-of-a-kind antique car from a dealer. Before the sale is finalized and the car is delivered, a sudden, unexpected fire completely destroys the antique car while it is still in the dealer's possession. In this scenario, it is objectively impossible for anyone to deliver that specific antique car because it no longer exists. The dealer cannot fulfill their obligation, and no other dealer or individual could either, as the unique item is gone.

• Example 2: Legal Prohibition or Natural Disaster Affecting Performance

  Consider a construction company that contracts to build a new commercial building on a specific plot of land. Before construction can begin, the local government unexpectedly rezones the land, making any commercial construction on that site illegal. Alternatively, a massive sinkhole opens up on the exact plot, rendering it physically impossible and unsafe to build anything there. In both cases, it becomes objectively impossible for the construction company, or any other builder, to construct the agreed-upon building on that particular site due to either a legal prohibition or a physical impossibility caused by a natural event.

• Example 3: Unavailability of Essential, Unique Resources

  A specialized manufacturing company enters into a contract to produce a limited edition product that requires a specific, rare mineral found only in one mine. Before the company can acquire the necessary quantity, the mine unexpectedly collapses and is permanently sealed, making the mineral completely inaccessible. It is now objectively impossible for the manufacturing company, or any other company, to obtain that unique mineral and produce the product as specified in the contract, as the essential resource is no longer available to anyone.