Objective impossibility refers to situations where something cannot occur or be accomplished due to external factors beyond our control. In such cases, individuals may be excused from fulfiling their obligations as stated in a contract. For instance, if the task they were supposed to perform becomes unattainable due to destruction or legal restrictions. Objective impossibility can also be relevant in criminal law, where certain facts or circumstances prevent the commission of a crime. It should be noted that this concept differs from subjective impossibility, which arises when an individual is personally incapable of completing a task, and supervening impossibility, which occurs when unforeseen circumstances render a contract impossible to fulfil.
Objective impossibility refers to situations where something cannot happen, exist, or be accomplished because of external factors that are beyond an individual’s control. This term is commonly used in the context of contracts and criminal law. For instance, if a contractor agrees to construct a house for a client, but the house is destroyed by fire before construction can even start, it would be objectively impossible for the contractor to fulfil their obligation. Similarly, if someone agrees to deliver a package to a recipient, but a natural disaster occurs that makes it impossible to reach the intended destination, it would be objectively impossible for the person to fulfil their obligation. In criminal law, if a person tries to steal from an empty wallet, it would be factually impossible to commit the crime, and therefore not a valid defence. These examples demonstrate how objective impossibility can excuse non-performance or prevent the commission of a crime due to circumstances that are beyond an individual’s control.
Objective impossibility refers to a situation where it is physically or legally impossible to fulfill a contractual obligation or legal duty. It is an unforeseen event or circumstance that makes performance of the obligation impossible.
Objective impossibility can excuse a party from performing their contractual obligations. If an unforeseen event occurs that makes performance impossible, the affected party may be relieved from their duty to perform under the contract.
Examples of objective impossibility include natural disasters, government regulations, death or incapacity of a party, destruction of the subject matter of the contract, or a change in law that renders performance illegal.
Yes, objective impossibility can be used as a defence in a lawsuit. If a party can prove that performance was objectively impossible, they may be excused from liability for breach of contract.
No, objective impossibility is different from subjective impossibility. Objective impossibility focuses on whether performance is objectively impossible, regardless of the subjective beliefs or abilities of the party involved.
Yes, parties can include provisions in a contract that address objective impossibility. These provisions are often referred to as force majeure clauses and outline the specific events or circumstances that would excuse performance.
If objective impossibility occurs after a contract is formed, the affected party may be excused from performing their obligations. However, it is important to review the specific terms of the contract and any force majeure clauses that may be included.
Objective impossibility is generally not a valid defence in criminal cases. The focus in criminal law is on the intent and actions of the accused, rather than external circumstances that may make the crime impossible to commit.
Yes, if objective impossibility occurs and makes it impossible for a party to continue fulfilling their obligations under a lease agreement, it may result in termination of the lease.
Yes, parties can agree to waive or modify the effects of objective impossibility through contractual provisions. However, such waivers or modifications must be clearly stated in the contract and agreed upon by all parties involved.
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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