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It is the ability to legally enter into a contractual agreement (to make a contract.) Most able-minded adults have legal capacity. Children under the age of majority (between 15 and 18 depending on your state) or people with a mental impairment do not have legal capacity. When I say mental impairment I mean permanent (i.e.- retardation, or Alzheimer's) OR temporary (i.e.- alcohol or nacotic intoxication).

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16y ago
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10y ago

The word capacity is subject to different meanings, but in the legal sense, it refers to the ability of a person to make rational decisions based upon all relevant facts and considerations known to them. In criminal law, the defendant must have 'the capacity' to understand the wrongfulness of his or her actions. In making a will, the maker of the will must have testamentary capacity, meaning that he/she must understand the nature of making a will, have a general idea of what he/she possesses, and know who are members of the immediate family or other "natural objects of his/her bounty.

Capacity to make contracts may be lacking such as in the case of minors or mentally incompetent persons. A contract signed by a person lacking capacity may be void or voidable.

Another interpretation: The lawful 'capacity' of a venue used for public gatherings (e.g.: restaurants - concert halls - theaters - etc - etc) is determined by the number of entrances and exits it has in addition to its structural ability to hold certain floor weight. This determination is usually made by the Fire Marshall's Office.

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15y ago

legal capacity in law is capacity to have rights and duties to perform juristic act.

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11y ago

the legal power to give consent

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11y ago

the legal power of consent

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nomthandazokhumalo81...

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2y ago

is a human right for all person"s

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Q: What is meaning of the term Legal Capacity?
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The word capacity is subject to different meanings, but in the legal sense, it refers to the ability to make a rational decision based upon all relevant facts and considerations. In criminal law, the defendant must have the capacity to understand the wrongfulness of his or her actions. In making a will, the maker of the will must have what is known as "testamentary capacity," meaning that they must understand the nature of making a will, have a general idea of what he/she possesses, and know who the members of their immediate family, or the intended recepients of their estate, are.. The legal capacity to make contracts may be lacking in the case of minors or mentally disadvantaged persons. A contract signed by a person lacking legal capacity may be void.


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