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 §§ […]