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 ?
The Clean Power Plan's severability clause will become
114) While not a majority, there were some indications that the lone justice might have agreed with the severability analysis of this group, in which case it would have garnered a majority.
However, the provisions allowing severability of insurance should be removed as a final step.
Yet another issue is severability, mentioned above in note 1.
The severability doctrine was reaffirmed in the Florida case of Buckeye Check Cashing, Inc.
To read the oral argument relating to the severability issues, click here.
That's because the healthcare law lacks a severability clause that would maintain the law's overall validity if the individual mandate requirement gets overturned.
Wine and bread are known from ancient times, and they both have travelled through the social severability, political systems and cultural changes and seen the transformations of their meanings, yet they are still somehow appreciated as the essence of being alive.
Additionally, the court will consider the issue raised by the NFIB and the states regarding the severability of the individual mandate from the remainder of PPACA.
See, if the mandate--even by itself- is ruled unconstitutional, the law's lack of a severability clause would invalidate the entire piece of legislation.
District Judge Roger Vinson, who had found the entire law unconstitutional because the individual mandate was "inextricably bound together" with the rest of the law and because Congress had failed to include a severability clause in the law.