physical incapacity
The inability of a spouse to engage in sexual intercourse with the other spouse. In some states, physical incapacity is a ground for an annulment or fault divorce, assuming the incapacity was not disclosed to the other spouse before the marriage.
Category: Wills, Trusts & Estates

Nolo’s Plain-English Law Dictionary. . 2009.

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  • incapacity — in·ca·pac·i·ty /ˌin kə pa sə tē/ n pl ties 1: the quality or state of being incapable; esp: lack of legal qualifications due to age or mental condition compare capacity 2: the inability of an injured worker to perform the duties required in a job …   Law dictionary

  • incapacity — UK US /ˌɪnkəˈpæsəti/ noun [U] ► HR the state of not being able to do something such as a job, usually because of an illness: »mental/physical incapacity …   Financial and business terms

  • incapacity — In the broader meaning, physical or mental inability to act. In some contexts, confined to mental disability or incapability. Ellicott v Ellicott, 90 Md 321, 45 A 183 (incapacity to pursue a college education.) For the purposes of workmen s… …   Ballentine's law dictionary

  • physical — Relating or pertaining to the body, as distinguished from the mind or soul or the emotions. Material, substantive, having an objective existence, as distinguished from imaginary or fictitious; real, having relation to facts, as distinguished from …   Black's law dictionary

  • incapacity — noun the doctors were baffled by the severity of her physical incapacity Syn: disability, incapability, inability, debility, impairment, indisposition; impotence, powerlessness, helplessness; incompetence, inadequacy, ineffectiveness Ant:… …   Thesaurus of popular words

  • Incapacity — In ca*pac i*ty, n.; pl. {Incapacities}. [Cf. F. incapacit[ e].] [1913 Webster] 1. Lack of capacity; lack of physical or intellectual power; inability. [1913 Webster] 2. (Law) Lack of legal ability or competency to do, give, transmit, or receive… …   The Collaborative International Dictionary of English

  • physical and incurable incapacity for marriage — Incapacity to consummate the marriage; impotency. 35 Am J1st Mar § 121 …   Ballentine's law dictionary

  • incapacity — Want of legal, physical, or intellectual capacity; want of power or ability to take or dispose; want of legal ability to act. Inefficiency; incompetency; lack of adequate power. The quality or state of being incapable, want of capacity, lack of… …   Black's law dictionary

  • incapacity — Want of legal, physical, or intellectual capacity; want of power or ability to take or dispose; want of legal ability to act. Inefficiency; incompetency; lack of adequate power. The quality or state of being incapable, want of capacity, lack of… …   Black's law dictionary

  • incapacity — in|ca|pa|ci|ty [ˌınkəˈpæsıti] n [singular, U] formal lack of the ability to do things or to do something ▪ temporary incapacity through illness mental/physical/intellectual etc incapacity ▪ Evidence of his mental incapacity was never produced in… …   Dictionary of contemporary English

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