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NeCede's

Maxim 7.5.3

Impossibility is an excuse in law.

Impotentia excusat legem.

Source: Co. Litt. 29b; Broom, Max. 223; Weisman, 44o Difficulty 1/5 — Foundational

Explanation

Where performance is genuinely impossible, the law excuses — but the impossibility must be objective, not self-created.

Where this applies

  • The contract became impossible to perform due to a natural disaster.
  • A law requires something that is physically impossible to accomplish.

Topics

Fault & NegligenceNecessity

Legal domains

contract

See also

Cite this maxim

NeCede Max. 7.5.3 — Impossibility is an excuse in law. — Co. Litt. 29b; Broom, Max. 223; Weisman, 44o (Impotentia excusat legem.)

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