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 ?
Further, even where partial invalidation does shear a statute's quid from its quo, if the Court repudiates severability doctrine, the law in effect after invalidation will at least be traceable to "a combination of constitutional command and legislative provision, rather than judicial supposition about what the legislature would have wanted." (151)
The Sells opinion itself acknowledged that courts outside of the Tenth Circuit have generally incorporated the majority of the Naugle severability test into their analyses while modifying or rejecting the greater part requirement.
Determining the legislative intent of Congress regarding the role of the individual mandate as it related to the rest of the law is at the heart of the severability component of the Texas v.
(102) Although Dodd-Frank includes a severability clause, such a provision "is [not] a license to cut out the 'heart' of a statute." (103) Other structural adjustments that would solve the perceived constitutional difficulty while preserving the Agency's independence require adding as well as subtracting statutory text, and such rewrites are beyond the powers of the judiciary.
Labarga performed that severability analysis in his separate opinion, concluding "capital prosecutions are able to proceed in the absence of the stricken subsection.
Finally, in order to make sure that the acts of one insured person do not impact coverage for other innocent insured, a cyber liability insurance policy should contain an exclusion severability provision.
"Moreover those provisions of international investment agreements that violate fundamental principles of the UN Charter including State sovereignty and self-determination must be declared invalid under article 103 of the Charter, and eliminated pursuant to the doctrine of severability" he says.
This differs from surplus land, which lacks potential of severability, and therefore, has the same highest and best use as the remainder track It should be noted that the use of the words "parcel," "tract," and "site" are employed interchangeably throughout this article.
1 can remember citing a scholarly article in the Insurance Counsel Journal in an Appeals Court brief concerning the interpretation of the severability of interest clause and the tractor trailer exclusion and having then-judge Kass ask me whether the Journal (with which he was completely unfamiliar) was in the Social Law Library, the library utilized by Appeals Court judges.
6) Leverage procurement Every school RFP, bid and contract (or service agreement) has standard language dealing with a wide range of legal issues such as indemnity, liability, payment and severability. By adopting standard language related to privacy and security, you will make your task much easier.
A severability clause allows you to protect the credit application if any of the provisions are found to be unenforceable or overreaching.