Simple English definitions for legal terms
Read a random definition: ad omissa vel male appretiata
Impossibility means that something cannot happen or be done. In contracts, impossibility can excuse performance if the subject or means of performance has deteriorated, has been destroyed, or is no longer available, the method of delivery or payment has failed, a law now prevents performance, or death or illness prevents performance. However, increased or unexpected difficulty and expense do not usually qualify as an impossibility and thus do not excuse performance. There are different types of impossibility, such as factual impossibility (when the illegal act cannot physically be accomplished) and legal impossibility (when what the defendant intended to do is not illegal even though the defendant might have believed that he or she was committing a crime). Supervening impossibility arises after the formation of a contract but before the time when the promisor's performance is due, and arising because of facts that the promisor had no reason to anticipate and did not contribute to the occurrence of.
Definition: Subjective impossibility refers to the inability of an individual to perform a task or fulfill a contract due to personal reasons, rather than the nature of the task itself.
For example, if a singer loses their voice before a scheduled performance, they would be subjectively impossible to perform. This is different from objective impossibility, which would occur if the venue where the performance was scheduled to take place was destroyed by a natural disaster.
In contract law, subjective impossibility can be used as a defense for non-performance if the individual is unable to fulfill their obligations due to unforeseen circumstances such as illness or death. However, increased difficulty or expense is not considered a valid excuse for subjective impossibility.
Overall, subjective impossibility is a situation where an individual is unable to perform a task or fulfill a contract due to personal reasons beyond their control.