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severability

severability

2 8.1
A rule in a contract that keeps the rest valid if one part is not valid
  • noun
  • /ˌsɛvərˈæbɪlɪti/
  • Formal
: separabilidad
  • In legal agreements, the principle of severability allows portions of a contract to remain valid even if one part is deemed unenforceable.
  • severability issue

Examples

  • That's not necessarily how severability or severability clauses work, especially as far as the Supreme Court is concerned.

    Blog text (3)
  • The possible damage to the ACA that the Supreme Court might leave in its path is crucial; hence the importance of severability.

    Blog text (12)
  • First, exactly how the Court rules on severability will be critical.

    Blog text (29)
  • There is no severability clause.

    Blog text (10)
  • Joe, the law omitted the "severability" clause, usually included.

    Blog text (10)
  • It's called a "severability clause," which provides that if any part of a law is found unconstitutional, the rest would remain intact.

    Blog text (10)
  • The plaintiffs then appealed to the Supreme Court regarding the severability of the mandate.

    Blog text (10)
  • "Brown's election meant that the Democrats would pursue an approach that did not include a 'severability clause' -- a provision that allows a law to survive should a part of it become invalidated.

    Academic text (2011)
  • Due to a built-in severability clause, however, the provision of the act regarding "obscene" material was salvaged. See id. at 882-83.

    Academic text (2002)
  • The judge emphasized the importance of severability in contracts to ensure that invalid clauses do not invalidate the entire agreement.

Surface Forms

severability singular

Morphology

severability = severable (transparent) = sever + able + ity

Formed by standard derivation sever -> severable -> severability; the noun denotes the quality/state of being able to be severed, which directly maps to the legal notion of separability of contract parts.

Etymology

The word severability comes from the word sever ('to cut off' or 'separate') and the ending -ability ('ability'). Think of it like cutting out a bad part of a contract so the rest can still work, which is exactly what severability means in law.