Classic impossibility requires that performance became objectively impossible through destruction of the subject matter, death of a person essential to performance, or supervening illegality. Subjective inability does not qualify.
Modern practice has largely merged it with impracticability.
Alternative Names:
Impossibility Doctrine|Objective Impossibility
Why it Matters?
Objective impossibility means no one could perform, not that this party cannot, which excludes financial inability entirely regardless of how severe. That distinction defeats most invocations. Supervening illegality is the cleanest application, since a governmental prohibition on the contracted performance leaves no lawful means of compliance and courts apply the doctrine readily.
Frequently Confused with
Related terms
Frequently asked questions
Does financial inability excuse performance?
What is the cleanest application?
