• Ask a Legal Question
  • Submit Article
  • Law Dictionary
  • My Account
  • FAQ
  • Contact Us
  • Support
  • Site Search
Login or Sign up

The Law Dictionary

  • Home
  • Law Forum
  • Law Guide
  • Law Journal
  • Lawyers
  • Legal Forms & Files
  • Inbox
  • Alerts
Home » Law Dictionary » D » DISABILITY

DISABILITY

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

(A) Employment: A physical, sensory or mental impairment that significantly affects the life of the person. Special anti-discrimination laws are in effect to protect employees with a disability. (B) Contract Law: The want of legal capacity to do a thing. 2. Persons may be under disability, 1. To make contracts. 2. To bring actions. 3. 1. Those who want understanding; as idiots, lunatics, drunkards, and infants or freedom to exercise their will, as married women, and persons in duress; or who, in consequence of their situation, are forbidden by the policy of the law to enter into contracts, as trustees, executors, administrators, or guardians, are under disabilities to make contracts. See Pa7-ties; Contracts. 4. 2. The disabilities to sue are, 1. Alienage, when the alien is an enemy. Bac. Ab. Abatement, B 3; Id. Alien, E: Com. Dig. Abatement , K; Co. Litt. 129. 2. Coverture; unless as co-plaintiff with her husband, a married woman cannot sue. 3. Infancy; unless he appears by guardian or prochein ami. 4. That no such person as that named has any existence, is not, or never was, in rerum natura. By the law of England there are other disabilities; these are, 1. Outlawry. 2. Attainder. 3. Praemunire. 4. Popish recusancy. 5. Monachism. 5. In the acts of limitation it is provided that persons lying under certain disabilities, such as being non compos, an infant, in prison, or under coverture, shall have the right to bring actions after the disability shall have been removed. 6. In the construction of this saving in the acts, it has been decided that two disabilities shall not be joined when they occur in different persons; as, if a right of entry accrue to a feme covert, and during the coverture she die, and the right descends to her infant son. But the rule is otherwise when there are several disabilities in the same person; as, if the right accrues to an infant, and before he has attained his full age, he becomes non compos mentis; in this case he may establish his right after the removal of the last disability.

Law Dictionary – Alternative Legal Definition

The want of legal ability or capacity to exercise legal rights, either special’Or ordinary, or to do certain acts with proper legal effect, or to en joy. certain privileges or powers of free action. Berkin v. Marsh, 18 Mont. 152, 44 Pac. 528, 56 Am. St Rep. 565. At the present day, disability is generally used to indicate an Incapacity for the full enjoyment of ordinary legal rights; thus married women, persons under age, insane persons, and felons convict are said to be under disability. Sometimes the term is used in a more limited sense, as when it signifies an impediment to marriage, or the’ restraints placed upon clergymen by reason of their spiritual avocations. Mozley A Whitley.
Classification. Disability is either general or special; the former when it incapacitates the person for the performance of all legal acts of a general class, or giving to them their ordinary legal effect; the Tatter when it debars him from one specific act. Disability is also either personal or absolute; the former where it attaches to the particular person, and arises out of his status, his previous act, or his natural or juridical incapacity; the latter where it originates with a particular person, but extends also to his descendants or successors. Lord de le Warre’s Case, 6 Coke, la; Avegno v. Schmidt 113 U. S. 293, 5 Sup. Ct. 487, 28 L. Ed. 976. Considered with special reference to the capacity to contract a marriage, disability is either canonical or civil; a disability of the former class makes the marriage voidable only, while the latter, in general, avoids it entirely. The term civil disability is also used as equivalent to legal disability, both these expressions meaning disabilities or disqualifications created by positive law, as distinguished from physical disabilities. Ingalls v. Campbell, 18 Or. 461, 24 Pac. 904; Hariand v. Territory, 3 Wash. T. 131, 13 Pac. 453; Meeks v. Vassault 16 Fed. Cas. 1317; Wiesner v. Zaum, 39 Wis. 206; Bauman v. Gmbbs, 26 Ind. 421; Supreme Council v. Fairman, 62 How. Prac. (N. Y.) 390. A physical disability is a disability or Incapacity caused by physical defect or infirmity, or bodily imperfection, or mental weakness or alienation ; as distinguished from civil disability, whch relates to the civil status or condition of the person, and is imposed by the law.

Related Posts:

  • PARTIES
  • PERMANENT DISABILITY
  • PARTIAL DISABILITY
  • WILL OR TESTAMENT
  • SUI JURIS
  • INCAPACITATED

Filed Under: D

Add a New Legal Term

Can't find the legal word, term, phrase or abbreviation that you're seeking in our dictionary? Add or request a definition by filling out the short form below!

Add Dictionary Term
Sending

Law Dictionary & Guide App

Law App

Law App

Pro Law App

Pro Law App


  Over 2,000 Five Star Ratings

  •   Black's Law Dictionary 2nd Ed.
  •   Free: 14,000+ legal terms, Pro: 23,000+
  •   Law Guide & Law Journal
  •   Ask Questions & Get Answers
  •   Law Library & Lawyer Directory
  • Free Attorney Case Review

    Free legal consultation with a lawyer

    • About
    • FAQ
    • Contact
    • Disclaimer
    • Privacy
    • Legal Terms
    • Editorial Guidelines
    • © 1995 – 2016 TheLaw.com LLC
    Legal Disclaimer: The content appearing on our website is for general information purposes only. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. The law is also subject to change from time to time and legal statutes and regulations vary between states. It is possible that the law may not apply to you and may have changed from the time a post was made. All information available on our site is available on an "AS-IS" basis. It is not a substitute for professional legal assistance. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising.
    © Copyright 1995 - 2015 TheLaw.com LLC. All Rights Reserved
    Go to mobile version