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Simple English definitions for legal terms
physical impossibility
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A quick definition of physical impossibility:
Physical impossibility means that something cannot happen or be done because it is impossible. For example, if someone promised to deliver a package but the package was destroyed, they cannot be held responsible for not delivering it. This is because it was physically impossible for them to do so. The same goes for if a law prevents someone from doing something or if they become too sick to perform a task. However, if something is just too difficult or expensive, that is not considered physical impossibility.
A more thorough explanation:
Physical impossibility refers to a situation where something cannot occur, exist, or be done due to a fact or circumstance. In legal terms, physical impossibility can excuse contractual performance or prevent the commission of a crime.
- If a construction company is hired to build a house, but the land where the house was supposed to be built is destroyed by a natural disaster, it would be physically impossible for the company to complete the project. This would excuse their performance under the contract.
- If someone attempts to pick an empty pocket, it would be physically impossible for them to commit the crime of theft. This is an example of factual impossibility, which is not a defense to the crime of attempt.
These examples illustrate how physical impossibility can affect contractual performance and criminal activity. In the first example, the physical impossibility of building the house due to the destroyed land would excuse the construction company's performance. In the second example, the physical impossibility of committing theft due to an empty pocket would not be a defense to the crime of attempt.