Lex Non Cogit Impossibilia

The legal maxim 'Lex Non Cogit Impossibilia' states that the law cannot impose obligations that are impossible to fulfill. It serves as an important principle in legal reasoning, ensuring that individuals are not held liable for actions that cannot physically or reasonably be accomplished.

This maxim has its roots in Roman law, where similar principles were articulated to prevent injustice. It reflects a foundational aspect of legal obligations, emphasizing practicality and fairness.

In contemporary law, 'Lex Non Cogit Impossibilia' is invoked in various contexts, including contract law and criminal law. Courts reference this maxim to dismiss claims that require compliance with impossibilities, affirming that obligations must be reasonable and attainable.

• A party cannot be required to perform a contract where the subject matter of the contract has been destroyed.
• An individual cannot be prosecuted for failing to comply with a legal requirement that was practically impossible to fulfill, such as a law that expected them to be in two places at once.

• Byrne & Co Ltd v Leon Van Tienhoven & Co (1880)