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NeCede's

Maxim 3.7.4

No one is bound to do what is impossible.

Nemo ad impossibile tenetur.

Source: Black's Law Dict. (2d); Jenk. Cent. 7; Co. Litt. 231b; Weisman, 34g Difficulty 1/5 — Foundational

Explanation

An obligation that cannot be performed is void. This applies to contractual duties, statutory commands, and court orders alike.

Where this applies

  • A court orders someone to do something that is physically impossible.
  • A contract requires performance that cannot be accomplished.

Topics

Duty & Obligation

Legal domains

contractprocedural

See also

Cite this maxim

NeCede Max. 3.7.4 — No one is bound to do what is impossible. — Black's Law Dict. (2d); Jenk. Cent. 7; Co. Litt. 231b; Weisman, 34g (Nemo ad impossibile tenetur.)

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