Define: Feasibility Standard

The feasibility standard is a legal principle that determines whether a particular action or requirement is practical or achievable. It assesses whether a party can reasonably comply with a certain obligation or expectation.

The feasibility standard is applied by evaluating the circumstances and resources available to the party in question. It considers factors such as financial capacity, technological advancements, and practical limitations to determine if compliance is possible.

Yes, the feasibility standard can be subjective to some extent. It depends on the specific facts and circumstances of each case. However, courts generally apply an objective standard by considering what a reasonable person or entity would be able to achieve.

If a party fails to meet the feasibility standard, they may be held liable for non-compliance or breach of a legal obligation. The consequences can vary depending on the specific legal context and the harm caused by the failure to meet the standard.

Yes, a party may assert a defence based on the infeasibility of a certain action or requirement. If they can demonstrate that compliance was not reasonably possible, it may mitigate or eliminate their liability.

In some cases, parties may agree to waive or modify the feasibility standard through contractual agreements. However, such waivers or modifications must be clear, unambiguous, and agreed upon by all relevant parties.

The feasibility standard is often used to assess whether businesses or individuals can reasonably comply with regulatory requirements. It helps determine if the implementation of certain regulations is practical and achievable.

Yes, the feasibility standard can be used to challenge the validity of a law or regulation if it is deemed impractical or impossible to comply with. However, successfully challenging the validity of a law based on feasibility can be complex and requires strong legal arguments.

Yes, there are numerous legal precedents that have established and applied the feasibility standard in various legal contexts. These precedents help guide courts in determining whether compliance with certain obligations is feasible.

To determine if your actions or requirements meet the feasibility standard, it is advisable to consult with a legal professional who can assess the specific circumstances of your case. They can provide guidance on whether compliance is reasonable and help you understand any potential legal implications.