Public-domain · open source
OpenJurist

Possible

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

1.

Liable, but not likely, to happen or come to pass.

3.

Practicable; reasonable., " Forthwith give notice" of a loss by fire and "as soon as possible " render an account of the loss, cannot mean instantly and directly, for that might be impossible, but as soon as could be, under the circumstances, or within reasonable time, or as soon as practicable.'

Possitoility.

An event which may or may not happen; something that is uncertain.2 Spoken of as " near " or *' remote,'' and aS "ordinary" or "extraordinary," according to the degree of probability. 2 When the condition of an obligation is possible at the time of its making, but, before it can be performed, becomes impossible by act of God, the law, or the obligee, the obligation is saved. Otherwise, if impossible at the time of making. ^ If T^hat is agreed to be, done is possible and lawful, it must be done. Difficulty or improbability will not avail. It must be shown that the thing cannot be effected by any means. If a hardship, it might have been guarded agaiast. At common law, if a lessee covenants to repair and the house burns down, he is bound to rebuild; so, as to i*epairing a bridge which is swept away by flood; so, as to building a foundation, although there be a latent defect in the soil.* The prindple rests upon reason and justice. It regards the sanctity of contracts; requires a party to do what he has agreed to do. Contingent impediments should be guarded against. ° "In contracts in which the performance depends upon the continued existence of a given person or thing, a condition is implied that the impossibility of performance arising from the perishing of^the person or thing shall excuse the performance." ^ Bona, non impossibilia, cogit lex. Effective, not impossible acts, tbe law requires.

Lex non cogit ad impossibi Ua

The law does not compel doing impossible things.' See Act, Of God; Res, Perit.