legal disability

legal disability
Incapacity to contract; infancy; unsoundness of mind. Re Price's Estate, 87 Ohio App 23, 93 NE2d 769. Any condition which renders a person unable to act for himself or bind himself so that the law will not regard his acts as void or voidable. A disability which may relate to the power to contract or to bring suits, and which may arise out of want of sufficient understanding, as idiocy, lunacy, or want of freedom of will, as in the case of married women and persons under duress; or out of the policy of the law, as alienage when the alien is an enemy, outlawry, attainder, praemunire, and the like. The disability is something pertaining to the person of the party–a personal incapacity–and not to the cause of action, or his relation to it. For the existence of legal disability, there must be a present right of action in the person, but some want of capacity to sue. Berkin v Marsh, 18 Mont 152, 44 P 528.

Ballentine's law dictionary. . 1998.

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