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 fundamen-
tal 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.
