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.

References in periodicals archive ?
at 624 (stating that "[t]he absence of any showing of impracticability" makes the President's argument "particularly disturbing").
Since human visual system (HVS) is the ultimate receiver of images, subjective IQA completed by human observers always reflects the perceptual quality of images faithfully, yet it is cumbersome, time-consuming, and unstable, resulting in its impracticability to be applied in real-time systems [3].
The expansion of FCC authority during license transfers, its ad hoc determinations of the public interest, and the impracticability of timely judicial review have pernicious effects on modern media and the rule of law.
We are sold the idea of the impossibility or impracticability of processing hydrogen because of the low profits that would be returned.
Under the doctrine, a court is permitted to alter the trust's terms in a manner that comes as close as possible to achieving the intention of the party that created it, while avoiding impossibility, impracticability or illegality.
Bus transport in this case is used as a substitute for train services operated by the Customer during the impracticability of the railway infrastructure, or technological reasons on the part of the customer.
This perspective therefore highlights the theoretical and practical impossibility of an ideal translation and consequently the impracticability of a perfect rewording of the original (Koller, 1972, 2002).
The total impracticability of the proposal quickly killed it--icebergs have a pesky habit of rolling over as they melt.
for impracticability. Next, the Court held that the agency acted