IV.   Consensus

Impossibility is a fictional concept whereby an unforeseen event makes performance of the terms of the Consensus impossible.

“Unforeseen event” in relation to Impossibility is any change in circumstances such as a Force majeure, discovered pre-existing condition, death or disablement or other event of such major significance that there is no way to continue to perform the Consensus.

Where a Consensus has not made provision to exclude certain unforeseen events, the defense of Impossibility may be argued as a lawful defense for non performance of duties under a Consensus for those events not otherwise excluded.

No mercantile Consensus may seek to exclude Force majeure as a defense for Impossibility and as a lawful excuse for non-performance.