§ 1612 Void Contracts Impossible Terms

Civil Code·California

AI SummaryVerified

If a contract says payment must be worked out using a specific method that can't actually be done, the whole contract is void, unless it falls under special exceptions in other sections.

Key Takeaways

•Contract is void if its payment method is impossible to perform
•Only applies when the method is explicitly stated and cannot be done
•Does not affect the special cases listed in sections 1729 and 1730

Example

A landlord promises to pay a tenant $500 only if the rent is calculated based on the exact number of stars in the sky on a given night, which is impossible to measure.

Because that method can't be carried out, the contract is void, so the tenant can't be forced to follow it.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 1612 Void Contracts Impossible Terms

Where a contract provides an exclusive method by which its consideration is to be ascertained, which method is on its face impossible of execution, the entire contract is void; but this section shall not apply to the cases provided for in sections 1729 and 1730 of this code. (Amended by Stats. 1931, Ch. 1070.)

Last verified: January 9, 2026

Key Terms

exclusive method consideration impossible of execution void

References

Official text at leginfo.legislature.ca.gov
California Legislature. Civil Code. Section 1612.

Key Takeaways

Example

Key Terms

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Key Takeaways

Example

Key Terms

Related Statutes

References