Maxim 1.5.281
Law disfavors improbabilities or impossibilities.
Source: Wing. Max. p. 620, max. 161; p. 606, max. 155; Weisman, 71t
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim — no Latin equivalent; the English title is the original form.) Courts will not construe a statute or contract to require something impossible or wildly improbable — an interpretation that leads to absurdity is presumed not to have been intended.
Where this applies
- A contract clause requires a party to deliver goods to a location that no longer exists because it was destroyed in a flood, and the court holds the clause unenforceable because the law will not require the impossible.
- A statute mandates that all vehicles pass an emissions test using a specific technology that has been banned by federal regulation, and the court strikes the requirement as impossible to comply with.
- A deed restriction requires a homeowner to maintain a structure that has been condemned and ordered demolished by the county, and the court voids the restriction because the law does not enforce impossible obligations.
Legal domains
Cite this maxim
NeCede Max. 1.5.281 — Law disfavors improbabilities or impossibilities. — Wing. Max. p. 620, max. 161; p. 606, max. 155; Weisman, 71t
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