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 fundamental 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.
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