Excusable negligence
The examples and perspective in this article may not represent a worldwide view of the subject. (April 2012) |
Excusable negligence is a paradoxical phrase, since if the failure to exercise reasonable care under the circumstances is excusable, there is no negligence. 38 Am J1st Negl § 12. As used in statutes authorizing the opening of a default and allowing a party to defend , the standard set by courts is slippery to define, but cases seem to agree that a reasonable excuse is sufficient, where it appears that the defense is meritorious and no substantial prejudice will result from setting aside the default.
References[]
- Citizens' Nat. Bank v Branden, 19 ND 489, 126 NW 102
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- Law stubs
- Law of negligence
- Paradoxes