Impossibility

From the Latin impossibility (Latin: "not possible").

In one sentence

A situation where performance of a contract becomes physically or legally impossible after the contract is made.

Plain English

Impossibility is when something happens that makes it genuinely impossible to do what you promised in a contract—not just difficult or expensive, but truly impossible. If a building you promised to renovate burns down, or a law is passed that makes the contract illegal, performance becomes impossible. When true impossibility occurs, the law usually excuses both parties from their obligations because it would be unfair to hold someone to a promise they literally cannot keep.

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Example

A musician signs a contract to perform at a concert, but loses their voice permanently due to illness before the date. The performance is now impossible, so the musician is excused from the contract.

Used in a sentence

“The court ruled that impossibility of performance excused the contractor from completing the renovation after the building was destroyed in a fire.”

Related terms

Impracticability

Performance remains theoretically possible but becomes so difficult or expensive that it's unreasonably burdensome.

Frustration of Purpose

An unforeseen event destroys the main reason for making the contract, even though performance is still possible.

Performance

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

Contract

A legally binding agreement between two or more parties to do or not do something.

Rescission

Unwinding a contract entirely, returning both parties to their positions before the deal.

Mitigation of Damages

A duty to take reasonable steps to minimize losses caused by another party's breach.

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.