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.
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including severability clauses in their rules because they do not
Administrative severability clauses
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.
Subprime fallout: insurance coverage battles: part one
As explained in the previous section, courts tend not to give substantial deference to severability clauses, preferring instead to conduct the same severability analysis that they would perform in the absence of a severability clause.
Administrative severability clauses
(29) A presumption of severability also applies where Congress includes a severability clause in a statute.
CONSTITUTIONAL AVOIDANCE, SEVERABILITY, AND A NEW ERIE MOMENT
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.
How to trim a Christmas tree: beyond severability and inseverability for omnibus statutes
(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.
Statutory interdependence in severability analysis
severability clause providing that the rest of the statute should remain
Requiring individuals to obtain health insurance: a constitutional analysis
severability clauses and vacating only the offensive exclusionary
Fixing unfair contracts
Courts are quick to deny the broadest possible effect to general severability clauses. In a case from Indiana, (191) the state supreme court considered the effect of what it called a "general severability clause" that literally applied to all sections of the Indiana Code of 1976.
Broad exemptions in animal-cruelty statutes unconstitutionally deny equal protection of the law
And in any event, the proposal made here is for a narrow bad-faith exception, much like that applicable to severability clauses: "the close scrutiny they often have received represents a narrow exception to the general rule that, when a clause is unambiguous, construction is unnecessary." (116) Even in areas that are traditionally nonjusticiable, the principle of judicial noninterference is not absolute.
Are inseverability clauses constitutional?
Public comments; liquor license application of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians; Eugene-Springfield metropolitan area general plan; Eugene-Springfield public facilities and services plan; savings and severability clauses. Following work session, budget committee.
CALENDAR
Detailed severability clauses are essential in global contracts to ensure that if any particular terms are unenforceable in the international forum, they do not invalidate the global contract as a whole.
Read the fine print: global contracts should include several important provisions. (Legalease)

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