incapacity

incapacity.

1. Lack of physical or mental capabilities.

2. Lack of ability to have certain legal consequences attach to one’s actions. • For example, a five-year-old has an incapacity to make a binding contract.

3. DISABILITY (1).

4. DISABILITY(2). Cf. INCOMPETENCY.

testimonial incapacity. The lack of capacity to testify. [Cases: Witnesses 35. C.J.S. Witnesses §§ 87–88, 90, 92.]

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