capacity

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Capacity

The ability, capability, or fitness to do something; a legal right, power, or competency to perform some act. An ability to comprehend both the nature and consequences of one's acts.

Capacity relates to soundness of mind and to an intelligent understanding and perception of one's actions. It is the power either to create or to enter into a legal relation under the same conditions or circumstances as a person of sound mind or normal intelligence would have the power to create or to enter.

A person of normal intelligence and sound mind has the capacity to dispose of his or her property by will as he or she sees fit.

A capacity defense is used in both criminal and civil actions to describe a lack of fundamental ability to be accountable for one's action that nullifies the element of intent when intent is essential to the action, thereby relieving a person of responsibility for it.

An individual under duress lacks the capacity to contract; a child under the age of seven accused of committing a crime lacks criminal capacity.

capacity

the ability of a person to effect a legal transaction. The paradigm natural person of full age and sound mind usually has full capacity. Others face limitations from time to time and system to system, such as, for example, the young, the mentally ill and corporations.

CAPACITY. This word, in the law sense, denotes some ability, power, qualification, or competency of persons, natural, or artificial, for the performance of civil acts, depending on their state or condition, as defined or fixed by law; as, the capacity to devise, to bequeath, to grant or convey lands; to take; or to take. and hold lands to make a contract, and the like. 2 Com. Dig. 294; Dane's Abr. h.t.
     2. The constitution requires that the president, senators, and representatives should have attained certain ages; and in the case of the senators and representatives, that out these they have no capacity to serve in these offices.
     3. All laws which regulate the capacity of persons to contract, are considered personal laws; such are the laws which relate to minority and majority; to the powers of guardians or parents, or the disabilities of coverture. The law of the domicil generally governs in cases of this kind. Burge. on Sureties, 89.

References in periodicals archive ?
The dynamic changes of tourism ecological footprint per capita and tourism ecological carrying capacity per capita are showed in Figure 2.
The other principles group had imperfect compliance early on with their rule of taking five each, yet had managed to build the population back up to its carrying capacity when I ended the experiment after four periods.
Proposition 1: Environmental munificence is positively related to environmental carrying capacity.
The lawmaker said the standards and policy on the carrying capacity of tourist destinations can be implemented through an executive issuance.
"Social carrying capacity is the actual number of people who can truly enjoy a destination or activity without having to be rushed because another big group is coming," Chatto said.
"Setting the carrying capacity for all tourism destinations, not only for Boracay will be beneficial in the long run," Tourism Congress of the Philippines (TCP) president Jose Clemente III earlier told The STAR.
However the carrying capacity of the land in our country is 12.2 times (2/1x1/6.1) more than that of the developed countries in Europe, America Japan etc.
Section 2 explores factors influencing the carrying capacity of suburb lines under the express-slow mode.
Paragon Shipping's current fleet consists of fourteen drybulk vessels with a total carrying capacity of 853,699 dwt.
Research of Bieker et al., 2002, and Krevaikas & Triantafillou, 2005, showed that strengthening of masonry columns with glass fiber fabric increased carrying capacity up to 300%.
The tourism chief said these places are poised to attract more tourists as the DOT also eyes to set a carrying capacity on some of the most popular destinations in the Philippines.
isothermal automobile transport with a carrying capacity of 20 tons or more for movement in urban traffic (minsk and the minsk region 10 units.