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 ?
Nasser is one of around 10 million differently-abled people in this country of 80 million who complain about negligence by governmental and non-governmental institutions alike.
We offer the people of Indore a clean, efficient and wholesome shopping experience at consistent lowest prices across a wide assortment of quality products" easyday Market has provided quality employment opportunities to more than 175 people of Indore, including housewives, differently-abled people, fruits and vegetable sellers, school and college dropouts.
The government has received approval from the Cabinet of ministers to implement a National Action Plan for Disability that is aimed at promoting the rights of differently-abled people.
Several community development and CSR measures have also been taken up like setting up of primary health centres, community centres, facilities for differently-abled people, women's welfare, supplying study material to students among others.
It took a strategic decision to set up 65 per cent of these WLAs in semi-urban and rural areas and they will be user-friendly, even accessible by the differently-abled people.
An inclusive working environment for all employees whether it be in terms of gender, generations, differently-abled people or social/cultural background remains one of the main focal areas of the EADS diversity strategy.
About 40 disabled people took part in the protest, urging the government and the Prime Minister to ask Khurshid to resign as minister on charges of financial impropriety while running his Zakir Hussain Memorial Trust for differently-abled people.
Kejriwal also said that he is seeking in writing a meeting with Prime Minister on the wrongdoing with the differently-abled people by Khurshid's trust.
The ONCE Foundation and ACCIONA today renewed in Madrid their "Inserta" Agreement (signed initially in 2007) which will enable 350 differently-abled people to join the Company over the next four years.
To enable access of content and ICT applications by differently-abled people to foster inclusive development.
5 lakh - meant for distributing aid and appliances to differently-abled people in 17 districts of Uttar Pradesh - wasn't fully utilised, with the trust giving out wrong information.