Excusable negligence
Encyclopedia
Excusable negligence is a paradox
ical 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 on the merits, 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. Citizens' Nat. Bank v Branden, 19 ND 489, 126 NW 102.
Paradox
Similar to Circular reasoning, A paradox is a seemingly true statement or group of statements that lead to a contradiction or a situation which seems to defy logic or intuition...
ical phrase, since if the failure to exercise reasonable care
Duty of care
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant...
under the circumstances is excusable, there is no negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
. 38 Am J1st Negl § 12. As used in statutes authorizing the opening of a default and allowing a party to defend on the merits, 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. Citizens' Nat. Bank v Branden, 19 ND 489, 126 NW 102.