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Lex non cogit ad impossibilia

Maxim
General
Literal meaningThe law does not compel the impossible
Pronunciationlex non KOH-git ad im-pos-ih-BIL-ee-ah

The law does not require anyone to do what is impossible. If a duty cannot be performed, the failure is excused. The impossibility must not be the person's own fault.

Example

A person is ordered to hand over a document that was destroyed in a flood. He cannot be punished for failing to produce it.

Exceptions / limits

The excuse does not apply where the impossibility is self-created, such as a person who destroys the document himself.

Exam tip

Asked in contract law with frustration, and in procedure with impossibility of compliance.

Memory trick

Can't do it, can't be forced to do it.

Key takeaway

The law does not demand the impossible.

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