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 ยง 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.
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