Impossibility

That which, in the eonstitulion and course of nature or the law, no man can do or perform. Impossibility is of the following several sorts: impossibility may be either adsolute, t. ¢., impossible in any case, (e. g., for A. to reach the moon,) or rclatire, (sometimes called “impossibility in fact,” ) é. ¢., arising from the circumstances of the case, {e. g., for A. to make a payment to B., he being a deceased person.) ‘To the latter class belongs what is sometimes calied “practical impossibility,” whieh exists when the act can be done, bub only at an excessive or unreasonable cost. An act is fegaliy or juridicaily impossitie when a rule of law makes it impossible to do it; e. g., for A, to make a valid will befora his majority. This class of acts must net be confounded with those which are possibile, although forbidden by law, as to commita theft. An act is logieai/y impossible when it is contrary to the nature of the transaction, as where A. gives property to B, expressly for his own benefit, on condition that he transfers it toC. Sweet. Impossibilium nulla obligatio est. There is no obligation to do impossible things, Dig. 50, 17, 185; Broom, Max. 249.