Definition of INCAPACITY


INCAPACITY

The want of a quality legally to do, give, transmit,
or receive something.

2. It arises from nature, from the law, or from both. From
nature, when the party has not his senses, as, in the case of an
idiot; from the law, as, in the case of a bastard who cannot
inherit from nature and the law; as, in the case of a married
woman, who cannot make contracts or a will.

3. In general, the incapacity ceases with the cause which
produces it. If the idiot should obtain his senses, or the married
woman s hushand die, their incapacity would be at an end.

4. When a cause of action arises during the incapacity of a
person having the right to sue, the act of limitation does not,
in general, commence to run till the incapacity has been removed.
But two incapacities cannot be joined in order to come within the
statute.

Source: Bouviers Law Dictionary 1856 Edition

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