Set-aside Contract Example

State:
Multi-State
Control #:
US-01704BG
Format:
Word; 
Rich Text
Instant download

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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  • Preview Motion to Set Aside Entry of Default and Default Judgment
  • Preview Motion to Set Aside Entry of Default and Default Judgment
  • Preview Motion to Set Aside Entry of Default and Default Judgment

How to fill out Motion To Set Aside Entry Of Default And Default Judgment?

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FAQ

If a person has forced another person into a contract by duress, the Court can set it aside. Examples of duress are if one person threatened the other person verbally or physically or actually subjected them to verbal or physical threats or assaults in order to force them into the contract.

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.

In general, if there are at least two small businesses that could do the work for a fair price, the contract should be set aside exclusively for small businesses to compete. If there are fewer than two, you may be authorized to create a sole-source contract, or otherwise you may offer it for full and open competition.

(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.

Set-aside contracts for small businesses To help provide a level playing field for small businesses, the government limits competition for certain contracts to small businesses. Those contracts are called ?small business set-asides,? and they help small businesses compete for and win federal contracts.

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Set-aside Contract Example