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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