Legal Definitions - physical impossibility

Physical impossibility refers to a situation where something cannot occur, exist, or be done due to a fact or circumstance. In legal terms, physical impossibility can excuse contractual performance or prevent the commission of a crime.

• If a construction company is hired to build a house, but the land where the house was supposed to be built is destroyed by a natural disaster, it would be physically impossible for the company to complete the project. This would excuse their performance under the contract.
• If someone attempts to pick an empty pocket, it would be physically impossible for them to commit the crime of theft. This is an example of factual impossibility, which is not a defense to the crime of attempt.

These examples illustrate how physical impossibility can affect contractual performance and criminal activity. In the first example, the physical impossibility of building the house due to the destroyed land would excuse the construction company's performance. In the second example, the physical impossibility of committing theft due to an empty pocket would not be a defense to the crime of attempt.