impossibility of performance

USAGE SUMMARY

The phrase "impossibility of performance" is correct and usable in written English.
It can be used in legal or contractual contexts to refer to a situation where a party is unable to fulfill their obligations under a contract due to unforeseen circumstances. Example: "The court ruled in favor of the defendant, citing the impossibility of performance due to natural disasters that made it impossible to deliver the goods."

✓ Grammatically correct

Academia

Science

News & Media

Human-verified examples from authoritative sources

Exact Expressions

10 human-written examples

Clearly frustration of purpose is a more accurate label for the defense argued in this case than impossibility of performance, since, as the Appeals Court pointed out, "[p]erformance was not literally impossible.

Harvard University

The principal issue in the case was the defendant's claimed excuse of impossibility of performance.

Harvard University

The remainder of the plaintiff's exceptions relate to the proffered defence of the impossibility of performance.

Harvard University

After a jury-waived trial, a Superior Court judge ruled for Paonessa on the basis of impossibility of performance.

Harvard University

Co., supra at 127-128, 310 N.E.2d 363, held to be consistent with the common law of contracts regarding impossibility of performance.

Harvard University

388, 181 N.Y.S. 273, holding that there is no impossibility of performance where delivery to the buyer is to occur in this country.

Harvard University

Human-verified similar examples from authoritative sources

Similar Expressions

50 human-written examples

CVVH to IHD: patient mobilization, impossibility of maintaining electrolyte/ acid base homeostasis, impossibility of delivering an adequate dialysis dose, impossibility of performing CVVH without anticoagulation in patients with bleeding complications/repeated filter clotting.

Critical Care

Her book is in part a meditation on the impossibility of capturing a performance, or series of performances, that happened 80 years ago.

The Guardian - Books

Matters involving impossibility or impracticability of performance of contract are concededly vexing and difficult.

Harvard University

In their lucid and affectionate analysis of four canonical works, Moulthrop and Grigar explore not what electronic literature is, the inadequacy of the term revealing that impossibility, but its modes of performance through time and space.

Massachusetts Institute of Technology

In a land where such interracial ventures were discouraged, if not prohibited, and thought by almost all to be a practical impossibility, the performance of the Brooklyn Dodgers as a team between 1947 and 1956 was an extraordinary and unprecedented image.

Huffington Post

Expert writing Tips

Best practice

When using "impossibility of performance" in legal contexts, clearly define the unforeseen circumstances that render the performance impossible. Provide specific evidence to support the claim.

Common error

Don't use "impossibility of performance" when the task is merely difficult or costly. This defense applies only when performance is genuinely impossible, not just commercially unviable.

Linguistic Context

The phrase "impossibility of performance" functions as a noun phrase, typically serving as the subject or object of a sentence. It refers to a legal or contractual defense when an obligation cannot be fulfilled due to unforeseen circumstances. Ludwig's examples illustrate its use in legal and academic contexts.

Expression frequency: Uncommon

Frequent in

Academia

67%

Science

17%

News & Media

16%

Less common in

Encyclopedias

0%

Formal & Business

0%

Wiki

0%

Ludwig's WRAP-UP

In summary, "impossibility of performance" is a grammatically sound noun phrase used in legal and academic contexts to denote a situation where contractual obligations cannot be fulfilled due to unforeseen circumstances. Ludwig AI confirms its correctness and provides examples of usage in academic, scientific, and news media sources. While not exceedingly common, it is a well-established term with several semantically related alternatives, such as "inability to perform" or "unfeasibility of execution". When employing this phrase, ensure that the circumstances genuinely render performance impossible, rather than merely impractical or costly.

More alternative expressions

Phrases that express similar concepts, ordered by semantic similarity:

inability to perform

Focuses on the lack of capacity to carry out an action, shifting from the abstract impossibility to a direct statement of inability.

unfeasibility of execution

Highlights the impracticality of carrying out a task or plan, emphasizing the challenges involved.

impracticability of completion

Stresses the difficulty and lack of suitability for finishing a particular task or project.

non-performance

A more concise term indicating a failure to fulfill an obligation or duty.

default on obligations

Specifically refers to the failure to meet contractual or legal obligations.

failure to execute

Emphasizes the lack of action in carrying out a plan or task.

unattainability of fulfillment

Highlights that something cannot be achieved or realized, focusing on the end result.

impassibility of achievement

Emphasizes that achieving something is blocked or there is no way through to achieve it, focusing on the idea of being barred.

unworkability of the plan

Highlights the failure of a plan and explains that plan cannot be adopted and will not work.

impossibility to realize

Focuses on a specific lack of understanding that makes an action not executable.

FAQs

What does "impossibility of performance" mean in contract law?

In contract law, "impossibility of performance" refers to a situation where a party's contractual obligations cannot be fulfilled due to unforeseen and uncontrollable circumstances. This can excuse the party from their contractual duties.

How does "impossibility of performance" differ from frustration of purpose?

"Impossibility of performance" occurs when the actual act of performing the contract becomes impossible. Frustration of purpose, on the other hand, occurs when the underlying reason for entering the contract no longer exists, making performance pointless, as seen in examples provided by Ludwig.

What are some examples of events that might lead to "impossibility of performance"?

Events that could lead to "impossibility of performance" include natural disasters, legal prohibitions, death or incapacitation of a key party, or destruction of essential materials. The event must be truly unforeseen and render performance objectively impossible.

What are some alternative phrases for "impossibility of performance"?

You can use alternatives like "inability to perform", "unfeasibility of execution", or "impracticability of completion" depending on the specific context.