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NeCede's

Maxim 12.9.11

A man may be capable and incapable at different times.

Homo potest esse habilis et inhabilis diversis temporibus.

Source: 5 Co. 98; Jackson Difficulty 2/5 — Approachable

Explanation

Legal capacity is not fixed; a person's competence to act may vary with age, condition, or circumstance, and the law judges capacity at the time the act was performed.

Where this applies

  • The person who signed the contract was mentally competent then but isn't now.
  • Legal capacity can change over time depending on age, condition, or circumstance.
  • You judge someone's capacity at the time they acted, not at some other time.

Legal domains

contractprocedural

See also

Cite this maxim

NeCede Max. 12.9.11 — A man may be capable and incapable at different times. — 5 Co. 98; Jackson (Homo potest esse habilis et inhabilis diversis temporibus.)

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