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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Meanwhile, Periscope fervently appeals to the physically challenged to ignore any type of societal ridicule and focus their attention and energy on what they can do to improve their lot in the first place and help generally to develop their Motherland.
He had conducted a survey in Islamabad's Sector F-7 to F-11 and shared with the Election Commission that in those five sectors, the number of physically challenged persons was around 8,221 but arrangements made for them were nowhere to be seen.
However, for purpose of specifics, the researcher will restrict the discourse on information needs of the physically challenged students at Kwara State Public Library Board, Ilorin.
Currently many elderly and physically challenged people resist purchasing a smartphone because of the high intimidation factor and the complexities of using it.
To make the online process better, DU is not only giving a 50 per cent discount to general category students but is also introducing the online application process for SC/ ST and physically challenged candidates this year.
While the majority of resorts make a point of taking care of their physically challenged guests by providing them with additional services, a resort in Maine has been running a programme that has been helping handicapped people to enjoy the thrill of physically-demanding sports.
Speaking at a special session on 'Accessible transportation solutions for people with disabilities' Wafaa al-Yazidi, a senior official at Weill Cornell Medical College Qatar (WCMC-Q) called upon the country's administrators to put in place facilities that would help the physically challenged move like normal people.
IHSAN YOUSSEF DOHA VODAFONE Qatar's 'world of difference' initiative winner of 2012, the freestyle aquatics programme, wrapped up another great event for the physically challenged at the American School of Doha (ASD) on Friday.
In the Sultanate, International Disabled Divers Association (IDDA) is planning to introduce underwater excitement and the thrill of diving for the physically challenged divers.
The revenue of the event held at Zara Expo Center is allocated toward supporting the SocietyAAEs activities for the benefit of physically challenged people in Amman and the rural areas of the Kingdom
13(Petra) -- The Jordanian physically challenged youth teams won 11 gold, silver and bronze medals in Tokyo 2009 Asian Youth Para Games.
"To promote the social participation of physically challenged people with the increased use of wheelchairs in China, DENSO has supported the establishment of the wheelchair factory in China, through its regional headquarters in China, DENSO (China) Investment Co., Ltd.," said Masatoshi Ano, senior managing director in charge of DENSO's Corporate and Administration Centers.