Legal Definitions - possibility

In legal contexts, the term "possibility" refers to an event or outcome that may or may not happen. It often relates to future events that could affect legal rights, interests, or obligations. The law distinguishes between different types of possibilities based on their certainty and whether they represent a legally recognized interest.

• Bare Possibility (also known as Naked Possibility or Naked Expectancy)

  A bare possibility refers to a mere hope or expectation of acquiring property in the future, without any existing legal right or claim to it. Because there is no legal basis for the expectation, it is generally not considered a transferable legal interest.

  • Example 1: A person expresses a desire to inherit a valuable antique watch from a wealthy acquaintance who is still alive, has not made a will, and has no specific intention to leave the watch to that person. This is a bare possibility.

    Explanation 1: The person has no legal right or existing claim to the watch; it's simply a hopeful expectation. This "bare possibility" cannot be legally sold or assigned because there's no actual legal interest to transfer.

  • Example 2: An employee hopes to be gifted a share of the company's profits by the CEO, who has occasionally mentioned rewarding loyal staff but has made no specific promise or created any formal plan. This is a bare possibility.

    Explanation 2: The employee's expectation is based on a general hope, not a binding agreement or a legally recognized right. Therefore, it's a bare possibility that cannot be legally transferred or enforced.

• Possibility Coupled with an Interest

  This term describes a future expectation of acquiring property that is legally recognized as a present, transferable right or interest. Unlike a bare possibility, this expectation is based on an existing legal instrument or condition, giving it legal standing.

  • Example 1: A will specifies that a family vacation home will pass to a particular grandchild *if* the grandchild graduates from law school before the age of 30. The grandchild has a "possibility coupled with an interest."

    Explanation 1: The grandchild's interest in the vacation home is contingent on a future event (graduating law school), but it is established by a legal document (the will). This makes it a recognized, albeit conditional, legal right that can potentially be transferred or assigned.

  • Example 2: A trust agreement dictates that a portion of its assets will be distributed to a specific animal shelter upon the death of the grantor's last surviving pet. The animal shelter has a "possibility coupled with an interest."

    Explanation 2: While the distribution is in the future and depends on an uncertain event (the pet's death), the animal shelter's right is legally established by the trust document. This creates a recognized and potentially assignable interest, not just a mere hope.

• Remote Possibility (also known as Possibility on a Possibility)

  A remote possibility refers to a future event or outcome that is highly unlikely to occur because it depends on multiple, uncertain, and often improbable conditions happening in sequence. Legal systems sometimes limit the validity of interests based on such extremely remote possibilities.

  • Example 1: A deed states that a parcel of land will revert to the original grantor's heirs *if* the current owner's entire family line dies out *and* a specific, rare comet passes through Earth's atmosphere within the next decade. This is a remote possibility.

    Explanation 1: This condition relies on two extremely improbable and unrelated events occurring: the complete extinction of a family line and the specific astronomical event. The combination makes the possibility of the land reverting highly remote.

  • Example 2: A contract offers a bonus payment to a contractor *if* they complete a project ahead of schedule *and* the local professional sports team wins its championship *and* the stock market reaches an all-time high on the same day. This is a remote possibility.

    Explanation 2: The bonus depends on three distinct, uncertain, and largely unrelated events happening simultaneously. The cumulative improbability of all three conditions being met makes this a remote possibility.