Legal Definitions - subjective impossibility

Subjective impossibility refers to a situation where a specific party to a contract finds it impossible to fulfill their contractual obligations due to their own personal limitations, lack of resources, or inability, even though the task itself is objectively possible for someone else to perform. Unlike objective impossibility, which means no one could possibly perform the act, subjective impossibility typically does not excuse a party from their contractual duties, as the inability stems from their individual circumstances rather than the inherent nature of the performance itself.

Here are some examples illustrating subjective impossibility:

• Imagine a small, newly established construction company that signs a contract to build a massive, complex skyscraper in the city center. After the contract is signed, the company realizes it simply does not possess the necessary financial capital, specialized heavy equipment, or the sufficiently large and experienced workforce required to undertake a project of that scale within the agreed timeframe. While building a skyscraper is objectively possible (as many other large construction firms do it), it is subjectively impossible for this particular company due to its specific limitations and resources, and they would likely still be held responsible for breach of contract.

• Consider a talented but relatively inexperienced musician who contracts with a renowned orchestra to compose an original, full-length symphony for their upcoming season. As the deadline approaches, the musician realizes they lack the advanced compositional techniques, the deep understanding of orchestral scoring, or the creative inspiration required to complete a work of that magnitude and complexity to the orchestra's expected standard. While composing a symphony is an objectively possible feat for many seasoned composers, it proves subjectively impossible for this specific musician given their current skill set and experience level, and they would generally not be excused from their contractual obligation.

• A freelance web developer agrees to design and launch a sophisticated e-commerce website for a client within a tight two-month deadline. After signing the agreement, the developer takes on several other large projects, overcommits their time, and subsequently realizes they simply do not have enough personal capacity, working hours, or the necessary focus to complete the client's website by the agreed-upon date. The task of building the website within two months is objectively possible (another developer with better time management or fewer commitments could do it), but it becomes subjectively impossible for this particular developer due to their personal scheduling and resource mismanagement, which would not typically excuse them from the contract.