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NeCede's

Maxim 3.1.4

Capacity is the attribute of a person by which he may exercise civil rights.

Capacitas est attributum personae per quod jura civilia exercere potest.

Source: Sargent v. Burdett, 96 Ga. 111, 22 S.E. 667; Bouvier, Law Dict.; Weisman, 76d Difficulty 1/5 — Foundational

Explanation

A party who lacks legal capacity — whether by reason of age, unsoundness of mind, or legal disability — cannot bind himself or others by his acts.

Where this applies

  • A minor tries to enter a binding contract.
  • Someone who is mentally incapacitated signs a legal document.

Legal domains

contractfamily

See also

Cite this maxim

NeCede Max. 3.1.4 — Capacity is the attribute of a person by which he may exercise civil rights. — Sargent v. Burdett, 96 Ga. 111, 22 S.E. 667; Bouvier, Law Dict.; Weisman, 76d (Capacitas est attributum personae per quod jura civilia exercere potest.)

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