Also known as: unfits · unfitted · unfitting · unfitness · incompetent · unsuitable
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A person who lacks sufficient mental capacity to understand legal proceedings or to manage personal affairs. Courts treat such persons as requiring special procedural protections in litigation and consent rules.
A person who lacks sufficient mental capacity to understand legal proceedings or to manage personal affairs. Courts treat such persons as requiring special procedural protections in litigation and consent rules.
Umar Underwood was defaulted for failing to appear in a contract action seeking a sum certain. The clerk reviewed the affidavit of amount due but discovered that Underwood had been adjudicated incompetent and had no guardian. The clerk therefore refused to enter judgment and directed the plaintiff to apply to the court under Rule 55(b)(2).
Property or goods that are unsuitable for the use contemplated by the parties. A landlord breaches obligations when a change renders leased property unsuitable.
Ulrike Ulrich leased a warehouse that developed a sudden roof collapse rendering it unusable for storing inventory. After the landlord failed to repair within a reasonable time, Ulrich applied rent money to hire contractors to restore the roof under the remedy provided for unsuitable conditions.
A parent who is unsuitable to care for or have custody of a child. An unmarried biological father may lose the right to object to adoption upon a finding of unfitness based on failure to manifest parental responsibility.
Ulric Unger never visited or supported his newborn child and made no effort to establish a relationship. The court found him unfit and ruled that his consent was not required for the child's adoption by the mother's new spouse.
Property or goods that are unsuitable for the use contemplated by the parties. A landlord breaches obligations when a change renders leased property unsuitable.
A parent who is unsuitable to care for or have custody of a child. An unmarried biological father may lose the right to object to adoption upon a finding of unfitness based on failure to manifest parental responsibility.
Each sense below has its own examples, sources, and questions.
Una Ueda hired an unlicensed driver known to have a suspended license to deliver packages. When the driver caused an accident, the court held Ueda negligent for knowingly using an instrumentality so inappropriate that its use created an unreasonable risk of harm.
Ursula Ung served as legal representative for her adult son who had been adjudicated incompetent. In a diversity action, the court determined that Ung was deemed a citizen only of the same state as her son for purposes of establishing jurisdiction.
Usha Upton removed an adult with severe cognitive impairment from a supervised group home without the consent of the legal guardian. The court instructed the jury that the removal was unlawful because it was accomplished without the consent of the person responsible for the victim's welfare.
A defendant who has been adjudicated incompetent or who lacks the capacity to understand the proceedings may not have a default judgment entered by the clerk even when the claim is for a sum certain. The plaintiff must instead apply to the court and ensure the incompetent person is represented by a guardian or fiduciary.
A single act of negligence that supports a malpractice claim does not by itself establish unfitness warranting bar discipline. Discipline requires conduct demonstrating a substantial likelihood that the lawyer is unfit to practice or that the public needs protection.
When a change in condition renders leased property unsuitable for the contemplated use, the tenant may recover damages, abate rent, use rent to correct the condition, or withhold rent, provided the landlord fails to correct the problem within a reasonable time after notice.
An unmarried father has a constitutionally protected opportunity to develop a relationship with his child. A court may dispense with his consent to adoption upon a finding of unfitness shown by failure to visit, support, or otherwise manifest parental responsibility.
…perfect good faith, by persons who are not considered, and in many other respects may not deserve to be considered, ignorant or incompetent, that it is rarely possible, on adequate grounds, conscientiously to stamp the misrepresentation as morally culpable; and still less could law presume to interfere with this kind of…