Severability


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Severability

A clause in a contract stating that if one clause in the contract is ruled illegal or unenforceable, the remainder of the contract remains in effect. Severability exists to protect the counterparties to the contract from the possibility that the whole contract will be ruled invalid. This is especially important if one or both parties must spend money in the execution of the contract. A contract without a severability clause could be declared entirely invalid if a single section is declared invalid. It is also called a savings clause.
References in periodicals archive ?
In the absence of the severability clause, the severability
Under this analysis of severability, the question is whether a provision can be struck down in such a way that the core purpose of the entire statute is not undermined.
The Court rejected the Florida Supreme Court's distinction between void and voidable contracts in refusing to apply Prima Paint's rule of severability.
The following section explains the severability principles that require this conclusion.
is a specific conception of severability (or divisibility) of
the statute is viewed as a carefully balanced and clockwork-like statutory arrangement comprised of pieces that all work toward one primary legislative goal, and if that goal would be undermined if a central part of the legislation is found to be unconstitutional, then severability is not appropriate," he wrote.
But because there is a severability clause, some aspects of the Arizona law are likely to survive, including the provision that creates a new crime for stopping a motor vehicle to pick up a day laborer and the portion that allows citizens to sue the state government if it interferes with enforcement of immigration laws.
ISSUE: Ordinarily, most acts of legislatures contain what are known as severability provisions.
Having identified a possibly successful challenge to the retroactive enforcement of collateral consequence statutes, Part V concludes the Comment by addressing two responses to this contract-based challenge: the severability doctrine and whether the defendant has assumed the risk of a subsequently enacted collateral consequence statute.
Furthermore, the severability clause allowed him to perform emergency services within the area; and the employer was allowed to stipulate that the employee could treat certain cases within the prohibited area.
If you are protected by your company's policy and do not understand nonrescindable coverage, insolvency exclusions, failure of insurance exclusions, severability conditions and claims-made versus claims-made-and-reported terms, you may not be getting the protection you expect.