severability

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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.
References in periodicals archive ?
Severability clauses and analogous expressions in the legislative history counsel against a finding of inseverability and in favor of pure severability or the incompatibility option.
174) Additionally, because legislators often include severability clauses in statutes, (175) it is more likely that Congress generally wishes for courts "to save and not to destroy" the remainder of their statutes.
To illustrate this vagueness problem of the severability clause,
Such a severability clause will protect innocent defendants in the event that several individual insureds are named defendants in a lawsuit arising out of one individual's fraudulent or dishonest acts.
Courts are quick to deny the broadest possible effect to general severability clauses.
If they are struck down on constitutional grounds, the severability clause would mean the other elements -- the curriculum committees, local control and stronger superintendent -- could remain.
And just as the courts do not take severability clauses at face value, (132) they need not take inseverability clauses at face value.
D & 0 insurers are attempting to eliminate the severability clause in their policies.
Agencies tend to include severability clauses in their rules
Courts have refused to allow a rescission defense if the misrepresentations were not part of the application or if there was a severability clause in the policy.
The courts' doctrine on administrative severability clauses, however, does not share Chevron/Skidmore's incentive structure.
This statute provides that if a bill lacks a severability clause, it should be treated as if it contains a clause saying that if any provision of the bill is invalidated the remainder of the act is unaffected.