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 ?
2286, 2329-30 (2015) (describing the pitfalls of omnibus lawmaking to show why statutory severability clauses (unlike administrative severability clauses) are a poor conveyor of intent).
286, 290 (1924) (stating that severability clauses are an "aid merely; not an inexorable command"); 2 Sutherland Statutory Construction [section] 44:8 (Norman J.
32) Put differently, the severability clause stated that, should a court excise any provision in the Act, the other provisions should remain in effect.
35) On the other, the presence of the severability clause evidenced that Congress intended the provisions to be severable.
Nagle, supra note 170, at 243 ("Severability clauses include both specific provisions in a particular statute detailing which provisions of that statute are severable and general severability clauses stating that all statutes are severable.
After quoting a severability clause applicable to the statute, (120) the Court of Appeals held that the exemptions for homeowners and property owners associations did "not affect the other provisions of the act"--those under which the defendant had been convicted--and severed them from the statute.
And, she added, the mere presence of a severability clause doesn't always mean the rest of a bill will remain intact.
Note, however, that the question of whether courts would feel compelled to honor a severability clause so modified--a few "reverse" severability clauses have been tried in recent years is still up in the air.
should defer to administrative severability clauses and that agencies
As explained in the previous section, courts tend not to give substantial deference to severability clauses, preferring instead to conduct the same severability analysis that they would perform in the absence of a severability clause.
inquiry may be clarified by the presence of a severability clause.
A severability clause expresses the drafters' intent to preserve parts of a campaign finance law that are found constitutional even if other parts are invalidated.