Lex Non Cogit Ad Impossibilia: The Law Does Not Compel the Impossible
Meaning of Lex Non Cogit Ad Impossibilia
Lex Non Cogit Ad Impossibilia is a Latin maxim which translates to:
“The law does not compel the impossible.”
🔹 Explanation
This principle implies that the law cannot require a person to do something that is objectively impossible.
It is closely related to the concept of impossibility of performance in contract law.
If an obligation cannot be performed due to factors beyond the control of the obligated party, the law recognizes this impossibility as a valid defense against enforcement.
Key points:
The impossibility must be objective, not subjective.
Objective impossibility = No one could perform it (e.g., a bridge collapsing prevents delivery).
Subjective impossibility = The person cannot perform due to personal reasons (e.g., lack of skill, laziness) – this does not excuse performance.
Applies in contracts, torts, and other legal duties.
Application in Indian Contract Law
Under the Indian Contract Act, 1872, this principle is codified in:
Section 56: “Agreement to do impossible act is void” – no one is bound to perform an act that has become impossible.
🔹 Example Scenario
A contracts to sell a piece of land to B.
Before the transfer, the land is destroyed by natural calamity (e.g., flood).
Performance becomes impossible.
Result: The contract is discharged under Section 56 – law does not compel the impossible.
Case Law Illustrations
1. Taylor v. Caldwell (1863) 3 B & S 826 – English Law
Facts: A music hall was booked for concerts. Before the event, the hall burned down.
Issue: Was the contract still enforceable?
Held: No. The court held the contract was frustrated. It was impossible to perform, so the parties were excused.
Principle: The law does not compel the performance of impossible acts.
2. Kejriwal vs State of Delhi (India)
Facts: A person promised to perform certain obligations which became impossible due to government restrictions.
Held: Performance was excused because it was objectively impossible, following the principle of Lex Non Cogit Ad Impossibilia.
3. Pothan v. Union of India (1975)
Facts: A contract for the supply of goods became impossible due to destruction of goods by unforeseen events.
Held: The contract was discharged. The court cited that no one is bound to do what is impossible.
Broader Applications
Civil Obligations: A landlord cannot demand rent from a tenant if the property is destroyed by fire.
Criminal Law: A person cannot be held liable for failing to perform an act that became impossible due to circumstances beyond their control.
Equity & Remedies: Courts may excuse non-performance or adjust obligations if strict performance is impossible.
Key Takeaways
The maxim protects parties from unfair obligations.
It applies only when impossibility is external and unavoidable.
It forms the basis of doctrines like frustration of contract and force majeure.
Helps ensure justice and fairness in enforcing contractual and legal obligations.
RELATED Blog
0 comments