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.
Collins Dictionary of Law © W.J. Stewart, 2006
References in periodicals archive ?
Obstacle preemption can void state common law claims even when Congress has provided a savings clause allowing such claims.
Under Article 1.5(a) of the U.S.-Malta Income Tax Treaty, the savings clause does not apply to distributions from a pension plan (subparagraph (b) of Article 17.1).
While a court might reference the long-standing savings clause in CA-UETA as a means of satisfying this requirement, we think the department's long-standing interpretation of the meaning of CA-UETA would make this a difficult position.
The MEC's Waller said the $150 million cost in lost production noted by the DOR has been erased by inserting the "savings clause" into the bills.
Also, the Fourth Circuit restricted the use of the savings clause in the CAA by holding that affected states could not enforce their common law nuisance rules against stationary sources in other states.
savings clause. (6) Providing a means for those harmed by climate change
These decisions involved the use of "savings clauses." Under a savings clause, if the value of a gift as finally determined is greater than the value originally claimed, the donee is required to issue a promissory note to the donor to reduce the value of the gift to the amount originally claimed.
The mechanism to determine the allocation between donors and donees did not operate to take property back and was a valid adjustment, not an impermissible savings clause, the court held.
(31) Significantly though, IRCA's savings clause explicitly preserves the authority of the states to impose sanctions for the employment of unauthorized aliens provided that they do so "through licensing and similar laws." (32)
Furthermore, the inclusion of savings clause provisions (Section 13 (12) of the Charter) protects certain laws from challenge on the basis that they contravene or are inconsistent with the provisions dealing with fundamental rights and freedoms.
Although GM and McKesson, like many employers, added a disclaimer or "savings clause" stating that the social media policy would not be construed to interfere with employees' rights under the NLRA or any other law, that didn't change the NLRB's verdict.
2 of the FAA, known as the savings clause, enabled states to strike down

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