AskDefine | Define impossibility

Dictionary Definition

impossibility

Noun

1 incapability of existing or occurring [syn: impossibleness] [ant: possibility]
2 an alternative that is not available [syn: impossible action]

User Contributed Dictionary

English

Etymology

From Latin impossibilitas

Noun

  1. That which is impossible; the quality of being impossible.
    Meeting the deadline is an impossibility; there is no way we can be ready in time.

Derived terms

Translations

Extensive Definition

In contract law, impossibility is an excuse for the nonperformance of duties under a contract, based on a change in circumstances (or the discovery of preexisting circumstances), the nonoccurrence of which was an underlying assumption of the contract, that makes performance of the contract literally impossible. For such a defense to be raised, performance must not merely be difficult or unexpectedly costly for one party; there must be no way for it to actually be accomplished.
For example, if Rachel contracts to pay Joey $1000 to paint her house on October 1, but the house burns to the ground before the end of September, Rachel is excused from her duty to pay Joey the $1000, and he is excused from his duty to paint her house; however, Joey may still be able to sue for the unjust enrichment of any benefit conferred on Rachel before her house burned down.
The English case that established this doctrine at common law is Taylor v. Caldwell.

Related to science

  • Impossibility by John D. Barrow ©1998 ISBN 0-09-977211-6 - Investigates the limits of science and the science of limits.
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