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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.



West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
Summary: DUBAI - Surviving under extreme conditions in the impracticable deserts of the world, a Guinness World record holder, Max Calderan is still ready to take to challenges head on.
France and Germany have repeatedly voiced their staunch opposition to a March 2011 entry of Bulgaria and Romania in the Schengen Area, saying their still sufficient problems with justice and law enforcement that could render Schengen entry impracticable for the time being.
Stocksigns, RoSPA's safety sign partner, has developed a sign mounted air horn that may provide the solution where conventional systems are impracticable. The new sign mounted air horn has already been adopted by leading aggregate company Cemex with a 'Best Practice' notice ensuring the integrated safety sign and air horn is included in its fire safety procedures.
Pakistan, July 23 -- Wholesalers term list flawed, impracticable
Saad Mutali, an adviser in State of Law, told Radio Free Europe/Radio Liberty (RFE/RL) that many of the Sadrist demand were "impracticable." Apart from their opposition to Maliki, Sadrists are asking for the release of several of their supporters held in Iraqi prisons and an end to what they perceive as a government crackdown on the group.
There is no doubt that some of the elected representatives in order to gain cheap popularity keep on airing their fantastic impracticable views.
Opponents say the proposal is impracticable and dangerous given the large number of ethnic groups in the country.
An unnamed source told the daily the US hammer-and-anvil approach appeared good on paper, but it was impracticable.
The Daily Post reported how Lord Dafydd Elis-Thomas rejected the idea as being 'impracticable and preposterous'.
It explained that the concept of 'gender equality' was impracticable because of 'distinct differences' in anatomy and physical and mental capabilities.
If these principles are impracticable in the world today, those who disagree with them cannot honestly regard themselves as Christians.
132(e)(1) provides an exclusion for any property or service, the value of which (after taking into account the frequency with which similar fringes are provided by the employer to the employer's employees) is so small as to make accounting for it unreasonable or administratively impracticable.