Define: Incapacitation

How is Incapacitation defined in a legal contract?

• Incapacitation means the condition of being unable to make informed, rational judgments and communicate effectively, potentially due to the use of alcohol or other drugs. Aspects such as decision-making capability, awareness of consequences, capacity to appreciate the act at hand, and the level of consciousness are considered. Seen in 77 SEC filings.
• Incapacitation means the physical and/or mental inability to make informed decisions. The states of incapacitation can include, but are not limited to, sleep, blackouts, and flashbacks. It is determined by how the consumed alcohol or substances impact a person's decision‐making capacity and the ability to make informed judgments. The focus is on whether a sober, reasonable person in a similar position should have known that the individual was incapacitated. Seen in 47 SEC filings.
• Incapacitation means that a person lacks the capacity to actively consent to a sexual act because they are asleep, unconscious, under the influence of anesthetizing or intoxicating substance, unaware of the sexual act happening, or their mental, physical, or developmental state restricts them from making a rational informed judgment. Seen in 30 SEC filings.
• Incapacitation means any physical state when a person is unable to give consent (e.g., due to the use of drugs or alcohol, or an intellectual or other disability that prevents the person from having the capacity to give consent). Seen in 24 SEC filings.
• Incapacitation means the person is incapable of giving consent because of their physical or mental state, this state may include the use of alcohol and/or drugs, or when the person is asleep or unconscious. Seen in 17 SEC filings.
• Incapacitation means a state where one cannot make informed, rational judgments because they lack the capacity to understand the ‘who, what, when, where, why or how’ of their sexual interaction. Seen in 11 SEC filings.
• Incapacitation means the physical and/or mental inability to understand the fact, nature, or extent of a sexual situation. It hinges on whether the individual was able to understand the act completely and communicate their consent or withdrawal of consent. Seen in 11 SEC filings.
• Incapacitation means the physical and/or mental inability to make informed, rational judgments. It is determined by how the alcohol consumed impacts a person's decision-making capacity and the ability to make informed judgments. Seen in 11 SEC filings.

Note: The Genie AI Legal Assistant pulled this data out of the SEC EDGAR Database of 500,000 records from the past 22 years of filings. We regularly update this page as new filings and definitions come in.

Search EDGAR for 'Definitions of incapacitation' yourself to verify these results. We are always keen to point people to source documents.

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Which definition should you use?

🤔 Our AI Legal Assistant has combined and improved the above descriptions to create market-standard 'Genie definitions' below, with guidance on which documents and which industry to use for each.

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Genie Definition 1

Incapacitation means the inability, either physically or mentally, to make informed and rational judgments, often due to substance use or a diminished state of consciousness.

Relevant Contract Types

• Employment Contracts
• Personal Services Contracts
• Medical Services Contracts
• Disability Insurance Contracts
• Power of Attorney Contracts

Relevant Circumstances

• Assigning a power of attorney.
• Determining eligibility for disability benefits.
• Decision making in medical services.
• Evaluating ability to work or perform personal services.

Relevant Sectors

• Medical and Healthcare Sector
• Insurance Sector
• Employment and Human Resources Sector

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Genie Definition 2

Incapacitation means lacking the capacity to actively consent to an act owing to a state of unconsciousness, substance influence, or other inhibiting factors.

Relevant Contract Types

• Consent Agreements
• Non-Disclosure Agreements
• Sexual Conduct Policies

Relevant Circumstances

• Legally consenting to an act or agreement.
• Clarifying an individual's incapacitated state in situations of consent disputes.
• Establishing policies and procedures related to consent and incapacitation.

Relevant Sectors

• Education Sector
• Entertainment and Media Sector
• Corporate Sector

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