Disability

Incapacity for action under the law; incapacity to do a legal act.i A personal incapacity; and may relate to power to contract or to sue, and arise from want of sufficient understanding, as in cases of lunacy and infancy; or from want of freedom of will, as in cases of coverture and duress; or from the policy of the law, as in cases of alienage, outlawry, and the like.' Any incapacity of acquiring or transmitting a right, or of resisting a wrong; and arises from the act of the party, of his ancestor, of the law, <fr of God.^ CJivil disability. Disqualification created by the law.

Physical disability

An infirmity inherent in the constitution of the body or mind. In a statute providing what shall he done in the event of the death or disability of a public officer, " disability " will cover any cause which prevents the officer from acting, as, his resignation.* Where there are two or more co-existing disabilities in the same person he is not obliged to act until the last disability is removed.' Thus, coverture enables a wife to postpone avoidance of a deed made in infancy to a reasonable time after the coverture is ended, without regard to the statute of limitations. One under a disability to make a contract cannot confirm or disaffirm a voidable contract.' Compare Capacity; Qdalift.

See Abate, B; Ab^ FraH, 2; Ratification. Disabling.

Disqualifying; incapacitating; restricting; restraining: as, a disabling statute, q. v.