Impossibility refers to the inability for something to occur or be carried out. In the context of contracts, impossibility can serve as a valid excuse for non-performance if the subject or means of performance has deteriorated, been destroyed, or is no longer available. It can also apply if the method of delivery or payment has failed, a law now prohibits performance, or if death or illness prevents performance. However, increased difficulty or unexpected expenses typically do not qualify as impossibility and therefore do not excuse non-performance. There are various types of impossibility, including factual impossibility (when the illegal act cannot physically be accomplished) and legal impossibility (when the intended action is not illegal, even if the person committing it believed it to be a crime). Supervening impossibility occurs after the formation of a contract but before the time when the promisor’s performance is due, and arises due to unforeseen circumstances that the promisor could not have anticipated or contributed to.
Subjective impossibility occurs when an individual is unable to fulfil a task or contract due to personal reasons, rather than the nature of the task itself. For example, if a singer loses their voice before a scheduled performance, they would be subjectively impossible to perform. This is different from objective impossibility, which would occur if the venue where the performance was scheduled to take place was destroyed by a natural disaster. In contract law, subjective impossibility can be used as a defence for non-performance if the individual is unable to fulfil their obligations due to unforeseen circumstances such as illness or death. However, increased difficulty or expense is not considered a valid excuse for subjective impossibility. Overall, subjective impossibility is a situation where an individual is unable to perform a task or fulfil a contract due to personal reasons beyond their control.
Subjective impossibility refers to a situation where an individual believes that they are unable to perform a contractual obligation due to personal reasons or circumstances, even though it may be objectively possible for them to do so.
Subjective impossibility can be used as a defence in certain cases, particularly if it can be proven that the individual genuinely believed they were unable to perform the obligation due to unforeseen circumstances or factors beyond their control.
Objective impossibility refers to a situation where it is objectively impossible for anyone to perform a contractual obligation, such as if the subject matter of the contract is destroyed. Subjective impossibility, on the other hand, is based on the individual’s personal beliefs or circumstances.
In some cases, subjective impossibility may excuse a party from fulfilling their contractual obligations if it can be proven that their belief was reasonable and genuine. However, this defence is generally not easily accepted by courts and requires strong evidence.
Courts will consider various factors, including the nature of the contract, the foreseeability of the circumstances leading to the alleged impossibility, the reasonableness of the party’s belief, and whether alternative means of performance were available.
Subjective impossibility is generally not a valid defence in criminal cases. The law focuses on the intent and actions of the accused, rather than their personal beliefs or circumstances.
No, changing one’s mind or having a change of heart is not considered subjective impossibility. It is important to distinguish between genuine impossibility and mere unwillingness to perform.
Subjective impossibility may be used as a defence to terminate a lease agreement if the tenant can prove that they genuinely believed they were unable to continue occupying the premises due to unforeseen circumstances or factors beyond their control.
Subjective impossibility is generally not a valid defence to avoid paying damages in a breach of contract case. The party who breached the contract may still be held liable for any resulting damages, regardless of their personal beliefs or circumstances.
Subjective impossibility is unlikely to be accepted as a valid defence to avoid a court order or legal obligation. Courts generally expect individuals to comply with their legal obligations unless there are exceptional circumstances that make it objectively impossible for them 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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