Maxim 6.2.3
Things impossible to give, or which do not exist in nature, are treated as though they were not part of the agreement.
Quae sunt impossibilia dari, vel quae in rerum natura non sunt, pro non adjectis habentur.
Source: Dig. 50, 17, 135
Difficulty 2/5 — Approachable
Explanation
No man can be bound to perform the impossible — such clauses are void and sever from the agreement without destroying the whole.
Where this applies
- The contract requires me to deliver a product that doesn't exist yet and may never exist.
- An agreement says I must perform a task that is physically impossible.
Legal domains
See also
Cite this maxim
NeCede Max. 6.2.3 — Things impossible to give, or which do not exist in nature, are treated as though they were not part of the agreement. — Dig. 50, 17, 135 (Quae sunt impossibilia dari, vel quae in rerum natura non sunt, pro non adjectis habentur.)
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