severability


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 being so read, the court will ignore a severe restriction and allow a lesser restriction. It also applies in cases involving Romalpa clauses where certain words might render the clause wholly inoperative, the court can, again only if the words are capable of sustaining such a reading, allow the plaintiff some lesser power to trace the goods or their proceeds.

Collins dictionary of law. . 2001.

Look at other dictionaries:

  • 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 — 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… …   Investment dictionary

  • 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


We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.