Contract Set Aside Meaning

State:
Multi-State
Control #:
US-01704BG
Format:
Word; 
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Description

In deciding whether to set aside a default judgment, courts seek to balance two competing interests: (1) the need to promote judicial economy; and (2) the need to preserve an individual's right to defend on the merits. Therefore, in addition to the requirement that defendant show that the judgment was entered through excusable neglect or another statutory ground, the court will consider a variety of factors, including:


the nature and extent of the prejudice which may be suffered by the non-defaulting party if the default is set aside;
2. the presence of material issues of fact;
3. the presence of a meritorious defense to the claim;
4. the significance of the interests at stake, including, but not limited to, the amount of money involved;
5. whether the failure to answer was intentional or willful or the result of conscious indifference;
6. whether party or counsel bears responsibility for default; and the availability of less drastic sanctions.

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FAQ

Set-asides are a method to reserve a total acquisition or a portion of an acquisition exclusively for small businesses. Qualifying small business concerns include one or more of the following categories: Small Business Set-Asides (FAR Subpart 19.5)

If one party has a greater bargaining power or power base and use that greater power to pressure the other party into entering the contract, it may be set aside due to undue influence. Usually, undue influence can be established if the weaker party was being over borne by the conduct of the stronger party.

Some of these common law grounds include duress, undue influence, misrepresentation, mistake, and non est factum. The onus is on the person alleging that a contract is invalid to prove his or her case. Duress means coercion of the will or giving no realistic alternative but to submit to the pressure being exerted.

: to deprive of legal effect or force : annul, void. may set aside the contract.

(a) (1) The purpose of small business set-asides is to award certain acquisitions exclusively to small business concerns. A "set-aside for small business" is the limiting of an acquisition exclusively for participation by small business concerns.

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Contract Set Aside Meaning