Define: Practicable

In a legal context, “practicable” refers to something that is capable of being done or accomplished, taking into consideration the circumstances and available resources.

While “possible” refers to something that can be done in theory, “practicable” implies that it is not only possible but also feasible and reasonable to do it in practice.

For example, if a court order requires a person to travel to a different country within 24 hours, but there are no available flights or transportation options, it may be considered impracticable to comply with the order.

In contract law, the concept of practicability is often used to determine whether a party has fulfilled their obligations under the contract. If performance becomes impracticable due to unforeseen circumstances, such as a natural disaster, the party may be excused from their obligations.

Factors such as cost, time, available resources, and the overall feasibility of the action are considered when determining if something is practicable.

Yes, if compliance with a court order is found to be impracticable, a party may request a modification of the order based on the changed circumstances.

Yes, in certain situations, a person or entity may argue that compliance with a law is impracticable due to various reasons, such as financial constraints or technical limitations.

Yes, if performance under a contract becomes impracticable due to unforeseen circumstances, the affected party may seek to have the contract deemed unenforceable or seek a modification of its terms.

While there are no specific legal standards or guidelines, courts generally consider the reasonableness and feasibility of an action when determining its practicability.

It depends on the specific circumstances and the applicable laws. If a party fails to take a practicable action that results in harm or a breach of duty, they may be held liable for their negligence or failure to fulfill their obligations.