In the absence of the
severability clause, the
severabilityUnder 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.
Make sure there is
severability wording as it relates to the completion of the application.
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.
