An inability of a man to achieve an erection sufficient for sexual intercourse. This condition prevents consummation of a marriage and supplies a ground for annulment.
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6
Impotence Prevents Marriage Consummation
Husband and Wife married but Husband suffered impotence that made sexual intercourse impossible. Wife petitioned for annulment on the ground that the marriage had never been consummated.
Annulment Granted for Impotence
Wife discovered after the wedding that Husband's impotence was permanent. The court annulled the marriage because consummation was impossible.
Medical Evidence of Impotence
Husband introduced medical testimony confirming impotence. The court held that the evidence established grounds for annulment.
Impotence Known Before Marriage
Wife alleged Husband concealed his impotence at the time of the wedding. The court treated the concealment as additional support for annulment.
Husband argued the marriage had been ratified by cohabitation. The court rejected the defense because impotence made consummation impossible.
Impotence Distinct from Sterility
Husband proved he was sterile but not impotent. The court denied annulment because consummation remained possible.
3 common questions
Students Frequently Ask...
Does impotence supply a ground for annulment?
Yes. Because impotence prevents consummation of the marriage, it constitutes a ground for annulment under traditional family-law doctrine.
How does impotence differ from other forms of incapacity in contract law?
Impotence is a specific physical condition that can trigger the general rules on supervening incapacity when a party's personal performance is required, as under Restatement (Second) of Contracts § 262.
Does a durable power of attorney remain effective after the principal develops impotence?
Yes. By definition a durable power is not terminated by the principal's incapacity, including impotence that renders the principal unable to act.
impotence
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