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 ?
Parenthetically, another approach that might have achieved the same outcome in a less troublesome way would be to have ruled that determining definitively that someone is or isn't a "feminist"--or, indeed, adheres to another ideology--is an impracticability that thwarts fulfillment of the trust.
A falta de estas estipulaciones, deben aplicarse las teorias de la frustracion y la commercial impracticability (8).
part XVI of opinion) (finding that impracticability of negotiation
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In light of the hermeneutical flexibility of Chinese scholars in their own time and the approaches of later Western scholars, Smith demonstrates that the failure of the Jesuits to win support for their approach to the Yijing was due to their political liabilities, not the impracticability of their interpretive strategy itself.
a system of removable inequalities, where many people are inferior to and worse off than others, but in which each may in theory hope to be on the level with the highest below the throne, and in which each may reasonably, and without sanguine impracticability, hope to gain one step in social elevation, to be at least on a level with those who at first were just above them" (qtd.
He also warned that PML-N would have zero tolerance for impracticability of caretaker to resolve the serious issue of load shedding.
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Corrections of The IASB amended IAS 8 to require Errors restatement, but the IASB added an impracticability exception that does not exist in U.
Ambedkar had proposed an organized exchange of population, on terns agreed to in advance but he underestimated the enormity and impracticability of the undertaking.
No problem with the swearing or the oaths, but I'd be surprised if he knows the difference between impartiality and impracticability.