Impracticability


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Impracticability

Substantial difficulty or inconvenience in following a particular course of action, but not such insurmountability or hopelessness as to make performance impossible.

Rule 23 of the Federal Rules of Civil Procedure establishes impracticability as one of the grounds for permitting a Class Action in federal courts. "[T]he class is so numerous that Joinder of all members is impracticable." In such a situation, the court will permit a few individuals who have made a motion to it to represent in one lawsuit a large number of persons who will be similarly affected by the legal out-come of the particular action. The group to be represented must be so large that there would be significant problems or impracticability in bringing each member before the court to appear as a party to the action. For purposes of certification as a class, the prospective representatives must show that joinder can be accomplished only with substantial difficulty, expense, and hardship, but not that such joinder cannot be done at all. State procedural rules also require that joinder of all prospective class members be impracticable before permitting the commencement of a class action in state courts.

In the law governing sales, the Uniform Commercial Code allows either party to a contract to be excused from the legal obligations created by it where performance becomes impracticable because an unexpected event has occurred, such as a severe shortage of supplies due to unexpected and continual flooding.

Cross-references

Impossibility.

See: impossibility
References in periodicals archive ?
Indeed, the Court's concern about the impracticability of identifying subgroup members and the steep cost of accommodating their needs can seem almost quaint: where once government workers would need to gather and flip through thousands of paper files just to figure out who might be in a subgroup, today's massive computer databases can collect, track, store, sort, and share information in ways that enable agencies to identify and accommodate subgroups at little extra cost.
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18) One possible fulfillment is to show the impracticability of
This Article concludes that, despite serious and uncertain costs and the impracticability of issuing asylum visas in some countries, this practice would likely create substantial benefits.
Baldridge (1969) had demonstrated the impracticability of deterring shark attacks by waterborne chemicals, so the idea of shark repellents had lost some of its appeal.
215) Calling it a close question, the court looked at the thin explanation for the impracticability of expressing a numerical measure of take in the Chukchi region.
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He also warned that PML-N would have zero tolerance for impracticability of caretaker to resolve the serious issue of load shedding.
Corrections of The IASB amended IAS 8 to require Errors restatement, but the IASB added an impracticability exception that does not exist in U.