Doctrine of Impossibility

In one sentence

A party is excused from contract performance when it becomes physically or legally impossible.

Plain English

The doctrine of impossibility releases a party from a contract when performance becomes impossible through no fault of their own. This covers situations where the subject matter is destroyed, a required person dies, or the law changes to make performance illegal. The key is that the impossibility must arise after the contract is made and must be unforeseeable. A party cannot claim impossibility if they simply made a bad deal or underestimated the difficulty.

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Example

A musician contracts to perform at a concert. The day before the show, the musician suffers a severe injury that makes performing impossible. The doctrine of impossibility may excuse the musician from the contract, since performance has become physically impossible through an unforeseeable event.

Used in a sentence

“The supplier invoked the doctrine of impossibility when the government banned the import of the contracted materials.”

Related terms

Doctrine of Frustration

A contract is excused when unforeseen events make its purpose impossible to achieve.

Doctrine of Impracticability

Performance is excused when it becomes extremely difficult or expensive due to unforeseen events.

Force Majeure Event

An unforeseeable, uncontrollable event that prevents contract performance.

Act of God

A natural event beyond human control that excuses contract performance.

Discharge of Contract

The release of both parties from their contractual obligations.

Performance

The act of doing what a contract requires, such as delivering goods or paying money.

Offer

A proposal to enter into a binding agreement on specific terms.

Acceptance

Agreeing to the exact terms of an offer, creating a binding contract.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.