- incompetency
- Inefficiency; a lack of some requisite ability. Anno: 4 ALR3d 1095. Inadequacy or insufficiency, either physical or mental, as the incompetency of a child for hard labor or of an idiot for intellectual labor. Brandt v Godwin, 24 NYSE 305, 3 NYS 807, 811. Want of qualification or eligibility. Of public officer:-the absence of a physical, moral, or intellectual quality, incapacitating one to perform the duties of his office, characterized by gross neglect of duty or gross carelessness in the performance of duty, lack of judgment, and want of sound discretion. State ex rel. Hardie v Coleman, 115 Fla 119, 155 So 129, 92 ALR 988. Of a schoolteacher:–want of knowledge of the subject matter to be taught; inability to maintain discipline; physical mistreatment of pupils; even improper conduct outside of school. Anno: 4 ALR3d 1102, 1109, 1117. Of an employee:–want of ability suitable to the task, as regards natural qualities or experience, or deficiency of disposition to use one's ability and experience properly. 35 Am J1st M & S § 197. Of fellow servant: want of ability suitable to the task with which the fellow employee is charged, either as regards natural ability or experience, or deficiency of disposition to use one's ability and experience properly; qualities and characteristics calculated to cause reasonable apprehension that the admission to the service or the retention therein of the incompetent will or may imperil the safety of other employees. Still v San Francisco & Northwestern Railway Co. 154 Cal 559, 98 P 672; 35 Am J1stM&S§350. See mental incapacity; physically incapacitated.
Ballentine's law dictionary. Anderson, W.S.. 1998.