- A clause in a contract that allows for the terms of the contract to be independent of one another, so that if a term in the contract is deemed unenforceable by a court, the contract as a whole will not be deemed unenforceable. If there were no severability clause in a contract, a whole contract could be deemed unenforceable because of one unenforceable term.
Also known as a "severability clause" or a "savings clause".
A contract with a severability clause is essentially one contract divided into many different parts: default on one component of the contract does not prevent the rest of the contract from being fulfilled. If a sentence, clause or term in a contract is deemed invalid by a court, then this problem area of the contract will most often be rewritten to fit both the contract's original intent and the requirements of the court.
Investment dictionary. Academic. 2012.
Look at other dictionaries:
severability — the rule of construction of contracts that allows a court to ignore a part of a contract that would render it in some way defective and to read instead what is left. It has been applied to restrictive covenants where, if the words are capable of… … Law dictionary
Severability — In law, severability refers to a provision in a contract which states that if parts of the contract are held to be illegal or otherwise unenforceable, the remainder of the contract should still apply. Sometimes, severability clauses will state… … Wikipedia
severability — noun see severable … New Collegiate Dictionary
severability — See severable. * * * … Universalium
severability — separability … Glossary of international commercial arbitration
severability — n. capability of being severed, capability of being separated or cut off … English contemporary dictionary
severability — sev·er·abil·i·ty … English syllables
severability — The quality of being susceptible to division, leaving parts independent of each other … Ballentine's law dictionary
severability — ˌsev(ə)rəˈbiləd.ē noun : the quality or state of being severable … Useful english dictionary
severability clause — n: a clause (as in a contract) which states that provisions are severable; esp: a clause in a statute that makes the statute s parts or provisions severable so that one part can be invalidated without invalidating the whole – called also… … Law dictionary