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Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities (in this sense also called transaction capacity), or the personhood itself in regard to an entity other than a natural person (in this sense also called legal personality).
Capacity in English law refers to the ability of a contracting party to enter into legally binding relations. If a party does not have the capacity to do so, then subsequent contracts may be invalid; however, in the interests of certainty , there is a prima facie presumption that both parties hold the capacity to contract.
In law, individual capacity is a term of art referring to one's status as a natural person, distinct from any other role. [ 1 ] For example, an officer , employee or agent of a corporation , acting "in their individual capacity" is acting as an individual, rather than as an agent of the corporation.
As legal personality is a prerequisite to legal capacity (the ability of any legal person to amend – i.e. enter into, transfer, etc. – rights and obligations), it is a prerequisite for an international organization to be able to sign international treaties in its own name.
In the common law tradition, testamentary capacity is the legal term of art used to describe a person's legal and mental ability to make or alter a valid will. This concept has also been called sound mind and memory or disposing mind and memory .
In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired.
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(Scots law) person not having capacity (mental, legal, or otherwise). [ɪnˈkapaks] indignus (heres) unworthy heir Unworthy beneficiary or heir, who is precluded from inheriting because his conduct makes him unworthy, in a legal sense, to take in the deceased's estate. infans: infant