lex non cogit ad impossibilia

No one can be held liable for failing to perform what the law requires if performance was impossible for reasons beyond his control. In contract law, Section 56 of the Contract Act gives effect to the idea: an agreement to do an impossible act is void, and a contract becomes void when performance becomes impossible or unlawful after it is made (frustration).

In procedure and administrative law, courts apply the maxim to excuse non-compliance with a time limit or formality that could not be met, for example where the court itself was closed. It is closely related to impossibilium nulla obligatio est and to actus curiae neminem gravabit.

Example

As the office was shut by the lockdown, the court applied lex non cogit ad impossibilia and excused the delay in filing.

In Indian law

• Section 56, Indian Contract Act, 1872

See also

frustration · force majeure · actus curiae neminem gravabit · vis major