excusable

Admitting of excuse or palliation. Justifiable, pardonable, allowable, defensible. Tyler v. Cowen Const., Inc., 216 Kan. 401, 532 P.2d 1276, 1281.

As used in the law, this word implies that the act or omission spoken of is on its face unlawful, wrong, or liable to entail loss or disadvantage on the person chargeable, but that the circumstances attending it were such as to constitute a legal "excuse" for it, that is, a legal reason for withholding or foregoing the punishment, liability, or disadvantage which otherwise would follow.

See justification

- legal excuse

@ excusable assault

One committed by accident or misfortune in doing any lawful act by lawful means, with ordinary caution and without any unlawful intent. People v. O'Connor, 82 App.Div. 55, 81 N.Y.S. 555.

See e.g. self-defense

@ excusable neglect

In practice, and particularly with reference to the setting aside of a judgment taken against a party through his "excusable neglect," this means a failure to take the proper steps at the proper time, not in consequence of the party's own carelessness, inattention, or willful disregard of the process of the court, but in consequence of some unexpected or unavoidable hindrance or accident, or reliance on the care and vigilance of his counsel or on promises made by the adverse party. As used in rule (e.g. Fed.R.Civil P. 6(b)) authorizing court to permit an act to be done after expiration of the time within which under the rules such act was required to be done, where failure to act was the result of "excusable neglect", quoted phrase is ordinarily understood to be the act of a reasonably prudent person under the same circumstances. Conlan v. Conlan, Ky., 293 S.W.2d 710, 712.

For purposes of motion to vacate judgment, "excusable neglect" is that neglect which might have been the act of a reasonably prudent person under the circumstances. Hollingsworth v. American Finance Corp., 86 Wis.2d 172, 271 N.W.2d 872, 878.

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