Lex Non Cogit Ad Impossibilia –The law does not compel the impossible.
Meaning
The Latin maxim “Lex Non Cogit Ad Impossibilia” literally translates to:
“The law does not compel the impossible.”
It embodies a simple principle: the law cannot require a person to do something that is impossible to perform.
In essence:
If an obligation under law or contract cannot be fulfilled because it is impossible, the law will excuse the party from performing it.
This applies to contracts, torts, and statutory obligations.
Explanation
Contract Law Context:
In contracts, if performance becomes objectively impossible due to unforeseen circumstances, a party is relieved from liability. This is also linked to doctrines like:
Impossibility of performance
Frustration of contract
Criminal Law Context:
If committing a crime is physically or legally impossible, one cannot be punished for failure to perform it.
Example: A person cannot be punished for stealing an item that does not exist.
Equity and Civil Obligations:
Courts will not enforce obligations that are impossible without fault of the obligated party.
This protects parties from being unfairly penalized.
Illustrative Case Laws
Taylor v Caldwell (1863) 3 B & S 826
Facts: A music hall was rented for concerts. Before the first concert, it was destroyed by fire.
Decision: The court held that since performance was impossible due to destruction of the hall (through no fault of either party), the contract was discharged.
Principle: Contracts cannot bind parties to perform the impossible.
Krell v Henry (1903) 2 KB 740
Facts: A man rented a flat to view the coronation procession. The coronation was cancelled due to illness of the King.
Decision: The court held the contract frustrated due to the impossibility of the event, excusing the party from performance.
Principle: When the foundation of a contract ceases to exist due to unforeseen events, obligations may be excused.
Indian Context – Satyabrata Ghose v Mugneeram Bangur & Co (1954 SCR 310)
Facts: A contract was affected by circumstances making performance extremely difficult or impossible.
Decision: The Supreme Court recognized frustration as a valid defense, echoing “Lex Non Cogit Ad Impossibilia.”
Application in Modern Law
Contract Act, 1872 (India):
Section 56 – Doctrine of Frustration:
“An agreement to do an act impossible in itself is void. The law excuses performance if it becomes impossible due to an unforeseen event, not attributable to the promisor.”
Civil Law:
Courts generally require reasonable ability to perform. If impossible, no liability arises.
For example, delivering goods destroyed in a natural disaster cannot attract breach of contract liability.
Key Points
Objective impossibility matters, not just subjective difficulty.
Impossibility may be physical, legal, or factual.
Relief is available only when the party is not at fault.
Links closely with doctrines like frustration of contract, force majeure, and exemption clauses.
Summary
Lex Non Cogit Ad Impossibilia protects parties from the unfairness of being forced to do what cannot be done. Courts use it in contracts, civil obligations, and sometimes criminal law to ensure fairness and justice.
Famous case: Taylor v Caldwell – destroyed music hall.
Indian law equivalent: Section 56, Indian Contract Act, 1872 – frustrated contracts.
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