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NeCede's

Maxim 6.4.8

There is no obligation to perform the impossible.

Impossibilium nulla obligatio est.

Source: Dig. 50, 17, 185; Broom, Max. 249; Jackson 351 Difficulty 1/5 — Foundational

Explanation

No contract, statute, or condition can bind a man to do what cannot be done — the law does not command absurdities.

Where this applies

  • The contract says I must deliver goods by tomorrow but the factory burned down last night.
  • A court order requires me to produce a document that was destroyed in a flood.

Legal domains

See also

Cite this maxim

NeCede Max. 6.4.8 — There is no obligation to perform the impossible. — Dig. 50, 17, 185; Broom, Max. 249; Jackson 351 (Impossibilium nulla obligatio est.)

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