Latin for Lawyers

L ATIN FOR L AWYERS

lien, implied malice, implied notice, implied power, implied waiver. implied warranty . IMPOSSIBILITY [L. in + possum, posse, potui / to be able] Not capable of fulfillment. In the law, impossibility applies generally to the performance of contracts or the discharge of duties. If a commitment is impossible of performance by its very nature or because of some supervening natural occurrence or event, rather than because of the inability of the obligor to perform, then the performance is excused. IMPOSSIBILIUM NULLA OBLIGATIO EST One who pretends to be another, usually with intent to deceive or defraud. Anyone who poses as another to obtain the benefits of the person he pretends to be. A check drawn to an imposter may be indorsed and negotiated by any one. UCC § 3-405(1)(a). IMPOTENTIA EXCUSAT LEGEM The law must defer when an act becomes impossible. IMPRESS [L. imprimere / to press into or upon] The process by which a court imposes a constructive trust for equitable rea sons, as when a party performs services for a testator in reliance on the testa tor’s promise to include him in his will and the testator fails to do so. Also, to Literally, let it be printed. A licence granted by a government permitting the publication of a particular book. Formerly, an imprimatur was required in England before a book could be published. Many countries still require offi cial approval before publication. Any attempt to require an imprimatur would violate the U.S. Constitution. The word now is also used to mean a mark or stamp of approval. IMPROPER [L. in / not + proprius / exclusive to oneself, peculiar, special; also proper, correct] Unsuitable or unfit. In violation of. Not in accord with general attitudes or principles. IMPROVEMENT [L. in + probare / to make good, approve] A change or addition, usually to real property, which enhances its utility or value. The term requires the use of labor and capital in new or modified con- There can be no obligation to perform the impossible. IMPOSTER [L. imponere / to place, lay upon, put on] force into public service, as in military conscription. IMPRIMATUR [L. imprimere / to press into, engrave]

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