disability

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Disability

The lack of competent physical and mental faculties; the absence of legal capability to perform an act.The term disability usually signifies an incapacity to exercise all the legal rights ordinarily possessed by an average person. Convicts, minors, and incompetents are regarded to be under a disability. The term is also used in a more restricted sense when it indicates a hindrance to marriage or a deficiency in legal qualifications to hold office.

The impairment of earning capacity; the loss of physical function resulting in diminished efficiency; the inability to work.

In the context of Workers' Compensation statutes, disability consists of an actual incapacity to perform tasks within the course of employment, with resulting wage loss, in addition to physical impairment that might, or might not, be incapacitating.

Under federal law, the definition of a disability, for Social Security benefits purposes, requires the existence of a medically ascertainable physical or mental impairment that can be expected to result in death or endures for a stated period, and an inability to engage in any substantial gainful activity due to the impairment.

disability

n. 1) a condition which prevents one from performing all usual physical or mental functions. This usually means a permanent state, like blindness, but in some cases is temporary. In recent times society and the law have dictated that people with disabilities should be accommodated and encouraged to operate to their maximum potential and have the right to participate in societal and governmental activity without impediments. Hence, access by ramps, elevators, special parking places and other special arrangements have become required in many statutes. 2) a legal impediment, including being a minor who cannot make a contract, or being insane or incompetent, as determined by others.

disability

(Legal disqualification), noun disablement, impairment, invalidation, invalidity, legal incapacity, unqualification, unqualifiedness, unsuitability, unsuitedness, want of legal capacity, want of legal qualification
Foreign phrases: Contra non valentem agere nulla currit praescriptio.No prescription runs against a person who is unable to act.

disability

(Physical inability), noun affliction, ailment, debilitation, debility, deterioration, disablement, disorder, disqualification, feebleness, frailty, handicap, helplessness, illness, impairment, impotence, impotency, inability, inabillty to work, inadequacy, incapability, incapacitation, incompetence, incompetency, indisposition, ineffectiveness, ineffectuality, ineffectualness, inefficacy, inefficiency, infirmity, insufficiency, malady, powerlessness, sickness, unfitness, unsoundness, weakness
Associated concepts: complete disability, continuous disabillty, disability benefits, disability compensation, disability innurance, general disability, medical disability, mental dissbility, partial disability, physical disability, proof of disability, temporary disability, total disability
See also: detriment, disadvantage, disease, disorder, disqualification, handicap, impediment, impuissance, inability, incapacity, inefficacy, pain

DISABILITY. The want of legal capacity to do a thing.
     2. Persons may be under disability, 1. To make contracts. 2. To bring actions.
     3.-1. Those who want understanding; as idiots, lunatics, drunkards, and infants or freedom to exercise their will, as married women, and persons in duress; or who, in consequence of their situation, are forbidden by the policy of the law to enter into contracts, as trustees, executors, administrators, or guardians, are under disabilities to make contracts. See Parties; Contracts.
    4.-2. The disabilities to sue are, 1. Alienage, when the alien is an enemy. Bac. Ab. Abatement, B 3; Id. Alien, E: Com. Dig. Abatement , K; Co. Litt. 129. 2. Coverture; unless as co-plaintiff with her husband, a married woman cannot sue. 3. Infancy; unless he appears by guardian or prochein ami. Co. Litt. 135, b; 2 Saund. 117, f, n. 1 Bac. Ab. Infancy, K 2 Conn. 357; 7 John. 373; Gould, Pl. c. 5, Sec. 54. 4. That no such person as that named has any existence, is not, or never was, in rerum natura. Com. Dig. Abatement, E 16, 17; 1 Chit. Pl. 435; Gould on Pl. c. 5, Sec. 58; Lawes' Pl. 104; 19 John. 308. By the law of England there are other disabilities; these are, 1. Outlawry. 2. Attainder. 3. Praemunire. 4. Popish recusancy. 5. Monachism.
    5. In the acts of limitation it is provided that persons lying under certain disabilities, such as being non compos, an infant, in prison, or under coverture, shall have the right to bring actions after the disability shall have been removed.
    6. In the construction of this saving in the acts, it has been decided that two disabilities shall not be joined when they occur in different persons; as, if a right of entry accrue to a feme covert, and during the coverture she die, and the right descends to her infant son. But the rule is otherwise when there are several disabilities in the same person; as, if the right accrues to an infant, and before he has attained his full age, he becomes non compos mentis; in this case he may establish his right after the removal of the last disability. 2 Prest. Abs. of Tit. 341 Shep. To. 31; 3 Tho. Co. Litt. pl. 18, note L; 2 H. Bl. 584; 5 Whart. R. 377. Vide Incapacity.

References in periodicals archive ?
He said that the interview process of differently-abled persons has almost come to conclusion.
Our commitment to supporting and empowering the disadvantaged, especially the differently-abled, is very much in line with Maybank's mission of humanising financial services.
And it has, indeed, been life full of hope for the differently-abled members of SAFRA-ADAP-MPC after it was awarded a project this year by the Department of Education (DepEd) to supply school chairs and tables for public schools in Region 9 under a P3-million contract and similar undertakings in Region 10 and the Caraga region amounting to P6.
By adopting best practices and utilising the latest technologies available, learning can become less challenging for differently-abled individuals.
The petition claimed that differently-abled people were not employed as permanent employees by government departments and the state even 'failed to release their salaries on time'.
Masoom is one such organization, which goes the extra mile to safeguard the future of differently-abled children.
The national airline also ended the 40% discount offer for differently-abled passengers, and their attendants on flights from Bombay, Delhi, Dhaka and Kabul to Pakistan.
A simple but attractive and different reception was organised in CM House in which a large number differently-abled persons participated.
With the aim to help and empower differently-abled people in the country, Aster Volunteers joined hands with the 'Dubai Club for People of Determination' for a collaborative initiative called "Al-Amal -The Hope".
President Maithripala Sirisena says the Government has taken a policy decision to continue paying the monthly salary for all the differently-abled war heroes, even after their retirement.
Southeast Asian athletes made their mark in Rio de Janeiro, Brazil last month, proudly representing the region in the quadrennial athletic meet for differently-abled athletes.
Some of the ATMs also violated regulatory norms on providing facilities for the differently-abled and the kind of information that is required to be displayed at the ATMs.