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Related to severable: severable contract


That which is capable of being separated from other things to which it is joined and maintaining nonetheless a complete and independent existence.

The term severable is used to describe a contract that can be divided and apportioned into two or more parts that are not necessarily dependent upon each other. For example, a seller accepted a buyer's order for sixty dozen hats and caps of different sizes and colors. He shipped all but five dozen to the buyer, who then refused to accept the order. The seller brought an action against the buyer for breach of contract. There was no evidence to show that the contract called for delivery of the whole order at one time. The court held that the buyer could not escape liability because the seller had failed to ship five dozen hats and caps, since the order calling for hats and caps of different patterns, sizes, and colors constituted a "severable contract."

The term severable is also used in connection with statutes. A severable statute is one that after an invalid portion of it has been stricken remains self-sustaining and capable of separate enforcement without regard to the stricken provisions.


adjective apportionable, cleavable, dissoluable, dividual, dividuus, divisible, fissile, fissionable, fractional, partible, scissile, separabilis, separable
Associated concepts: severable contract, severable statute
See also: divisible, divisive, separable
References in periodicals archive ?
the rule, are distinct and severable from one another.
18) While 2410a limits a contract period to one year, it does not limit an agency's authority to make more than one year's worth of payments for severable services.
23) This insight applies to both severable and non-severable inventions.
FS Tenant Pool III Trust, (221) the Fourth District Court of Appeal held that such a provision was severable and ordered arbitration in a contract which contained a severance clause.
Arizona courts will 'blue-pencil' restrictive covenants, eliminating grammatically severable, unreasonable provisions" (Valley Medical Specialists v.
40) The legal rules provide that a court must cancel the contract in its entirety, unless the provision to be rescinded is severable from the rest of the contract.
Although the United States is a founding sponsor of, and a contracting party to, both the Nuremberg Charter and the Genocide Convention, as well as the United Nations Charter, these legal facts have never made any difference to the United States when it comes to its blank-check support for Israel and their joint and severable criminal mistreatment of the Palestinians--truly the wretched of the earth
81) This holding provides two guideposts for determining whether to partly or fully invalidate a law: a) whether the legislature intended the unconstitutional provisions to be severable, and b) whether the law can still achieve its purposes with the unconstitutional provisions severed.
The fastening elements are severable from the continuous web in the transverse direction as longitudinal sections and the continuous web with the folded, Z-shaped configuration wound to form the roll.
The Federal government appealed to the Court of Appeals for the Ninth Circuit, which did agree that the provisions regarding advertisement and promotion were unconstitutional, but also found them not to be severable from the rest of FDAMA.
The insured was not at fault as a motorist and the dropping of the rock was an event which was severable from the use and operation of his vehicle.
The rejection he experienced was so powerful, the opposition so intense, the defeat so conclusive, that we could more accurately say Spitzer had not only his head, but also every other severable body part, grinded up and fired back at him through a cannon.