Initial impossibility Clause Samples

The 'Initial impossibility' clause defines the legal consequences when a contract is based on an obligation that was impossible to perform from the outset. In practice, this clause applies if, at the time the contract was formed, the subject matter or required performance was already unattainable—such as selling a property that had already been destroyed. Its core function is to prevent parties from being bound by or enforcing agreements that were never capable of fulfillment, thereby ensuring fairness and avoiding futile contractual obligations.