Legal impossibility occurs when a person is unable to perform a task or fulfil a contract due to a fact or circumstance that makes it impossible. This can include the destruction or unavailability of the subject or means of performance, a law preventing performance, or illness preventing performance. It is important to note that increased difficulty or expense does not qualify as legal impossibility. In criminal law, legal impossibility can occur when a person intends to commit a crime but the act they are attempting is not actually illegal, or when an element required for an attempt has not been satisfied. Legal impossibility can be used as a defence to certain crimes, but factual impossibility is not a defence.
Legal impossibility refers to a scenario where an individual cannot be held accountable for failing to fulfil a contract or committing a crime because it was impossible for them to do so. There are various types of legal impossibility. Factual impossibility occurs when the illegal act cannot be physically accomplished, such as attempting to pick an empty pocket. Factual impossibility does not serve as a defence for the crime of attempt. On the other hand, legal impossibility occurs when the defendant’s intended action is not illegal, even if they mistakenly believed it to be a crime. For instance, if someone goes hunting while mistakenly thinking it is not hunting season. This form of legal impossibility can be used as a defence for the crimes of attempt, conspiracy, and solicitation. Objective impossibility arises from the nature of the performance itself, while subjective impossibility arises solely from the inability of the individual promisor. Supervening impossibility occurs after the formation of a contract but before the promisor’s performance is due, and it arises due to unforeseen circumstances that the promisor could not have anticipated or contributed to. For example, if someone agrees to deliver a package to a client but a natural disaster occurs, making it impossible for them to fulfil the contract, they cannot be held responsible. This is because the natural disaster was a supervening impossibility that they could not have predicted or prevented.
Legal impossibility refers to a situation where an individual’s intended action is not prohibited by law, but it is impossible to commit the crime due to some factual circumstances.
Legal impossibility focuses on the legality of the act, while factual impossibility refers to situations where the intended action is impossible to complete due to external factors, even if it would be illegal.
No, if an act is legally impossible, the individual cannot be charged with a crime as there is no violation of the law.
Yes, in some jurisdictions, legal impossibility may still be considered a crime if the individual had a specific intent to commit an illegal act, even if it was factually impossible.
Legal impossibility can be used as a defence in cases of entrapment, as it shows that the individual would not have committed the crime if not for the involvement of law enforcement.
Yes, legal impossibility can be used as a defence in cases where the individual genuinely believed their actions were legal, even if they were mistaken.
No, legal impossibility refers to situations where the intended action is impossible to commit due to factual circumstances, while mistake of law occurs when an individual is unaware of the law and commits an illegal act.
No, legal impossibility is primarily a defence in criminal cases and does not typically apply to civil matters.
No, legal impossibility generally cannot be used as a defence if the individual acted negligently or recklessly, as their intent to commit the crime may still be present.
Legal impossibility can negate the element of attempt in criminal law, as the individual’s actions, even if they intended to commit a crime, cannot be considered an attempt if it was legally impossible to do so.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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