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.]

[Blacks Law 8th]