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 ?
Accordingly, the only issue on appeal is whether or not the savings clause may be enforced.
errors fell within the scope of the savings clause.
Congress could choose to allow the current law to remain unchanged with respect to the savings clause; it could amend the savings clause to clarify that the phrase, "the antitrust laws," means the literal words of the statutory provisions but excludes any judicial interpretation of them; it could amend the enforcement provisions of the act so that even if there had already been regulatory action, certain provisions of the act would remain enforceable by private individuals who are not competitors of LECs; or, it could characterize a violation of any (or some) mandatory, competitive obligation(s) of the act as prima facie evidence of violation of the antimonopoly provision of the antitrust laws (15 U.
The section 2 savings clause has been construed to preserve general state contract-law defenses to arbitration agreements.
12) Finally, the Aviall II court interpreted the savings clause in section 113(f)(1) as preserving a PRP's implicit right to seek what the Supreme Court has called, a "somewhat overlapping" remedy in section 107, rather than the somewhat anemic state law remedy suggested by Aviall I.
118) However, he noted the existence of a savings clause, similar to that in the Deregulation Act, within the Safety Act.
The NLRB routinely determines that a savings clause, which states that no rule contained within the policy is intended to prohibit protected activity, is insufficient to cure ambiguities and overbroad work rules and policies.
The standardized language of [section]5 of the note is the usury savings clause, and reads in full as follows:
When the Supreme Court killed the PPACA Medicaid expansion provision, it let the rest of PPACA stay in force, despite the lack of a savings clause.
contract doctrine, thereby striking a blow to the savings clause of
A savings clause is void because it creates a scenario in which the taxpayer tries to take property back, whereas a formula clause merely transfers a fixed set of rights with uncertain value.
This is especially true because, as will be discussed below, such laws may strongly resemble straightforward insurance regulation but may fail to meet the two--pronged test for the savings clause.

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