Impossibility in legal terms refers to a doctrine where a party is relieved from performing their contractual obligations because a supervening event has made performance objectively impossible.
The concept is also known as "impossible performance" and is recognized as a defense in contract law, excusing a party when fulfilling the contract becomes impossible due to circumstances beyond their control.
The doctrine of impossibility requires that the event making performance impossible was unforeseen and could not have been mitigated by the parties.
Common examples include natural disasters, the death of a person essential to the contract's performance, or changes in the law that prohibit the contract's fulfillment. It is important to note that increased difficulty or expense is not sufficient to claim impossibility; the performance must be truly impossible.
Contract Law: Most directly related to agreements where unforeseen events prevent one or all parties from fulfilling their obligations.
Employment Law: This may apply in situations where an individual cannot perform their job duties due to a sudden medical condition.
A common misconception is that the doctrine of impossibility can be invoked for any challenging situation that makes the contract harder or more expensive to perform. However, true legal impossibility requires that performance is objectively impossible, not just difficult or unprofitable.
Another misunderstanding is that any unforeseen event can trigger this defense; the event must be truly unexpected and not something that could have been anticipated or planned for by the parties.
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Wayne State University School of Law
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