Legal Definitions - physical impossibility

Physical Impossibility refers to a situation where an action or outcome cannot be completed because it is literally unachievable due to natural laws, the inherent properties of objects, or the physical state of affairs. It is not merely difficult, expensive, or inconvenient, but fundamentally incapable of being performed or brought into existence.

• Example 1: Construction on Unstable Ground

  Imagine a construction company that signs a contract to build a large commercial building on a specific plot of land. After the contract is signed, geological surveys reveal that the entire plot sits directly above an extremely unstable underground cavern system, making it physically impossible to lay a foundation strong enough to support the building without immediate and catastrophic collapse, regardless of the technology or resources applied.

  This illustrates physical impossibility because the inherent geological conditions of the land make the agreed-upon task (constructing a stable building) literally unachievable. It's not just a matter of cost or engineering challenge; the physical reality prevents the performance of the contract.

• Example 2: Delivery of a Destroyed Item

  Consider a rare book dealer who contracts to sell and deliver a unique, first-edition manuscript to a collector. Unbeknownst to both parties at the time the contract was formed, the warehouse where the manuscript was stored had suffered a fire the previous night, completely destroying the specific manuscript beyond recognition or repair.

  Here, the physical impossibility arises because the subject matter of the contract (the unique manuscript) physically ceased to exist before the agreement could be fulfilled. Its delivery is therefore physically impossible, as there is nothing left to deliver.

• Example 3: Performing a Task Against Natural Laws

  Suppose an inventor enters into an agreement to create a device that can defy gravity and allow objects to float indefinitely without any external power source or propulsion. Despite extensive research and development, the inventor finds that such a device is fundamentally impossible to create given the current understanding and laws of physics.

  This demonstrates physical impossibility because the task itself (creating a perpetual anti-gravity device) directly contradicts established scientific principles and natural laws. No amount of effort or ingenuity can overcome this fundamental physical barrier.