Law Dictionary

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 husband 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 : Bouvier 1856

Language : English

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