severable


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Related to severable: severable contract

Severable

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.

severable

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 ?
is to find potentially unlawful provisions severable.
In 2009, the GAO provided its opinion to Congress on a novel issue with regard to 2410a: in light of the statute's one year limitation, may an agency use multiple-year or no-year funds to secure severable services contract for periods of performance exceeding one year?
Thus, a promise in a noncompete agreement should be enforceable by and large when public policy issues are not in conflict and where the agreement is in severable terms.
In this case, the interest of the third-party beneficiaries is ascertainable and severable from the interest of the nondonor spouse.
Buckeye argued that arbitration clauses are severable from their underlying contracts, citing Prima Paint Corp.
2) Brief description of the event, including identification of the event as severable or cumulative; if cumulative, the associated events should be listed;
THE REASON ALL OF THESE things are not severable is that they are all a function of what philosophers have called the moral point of view.
The SSDT (Figure 1) shows that after an entire function or activity has been reviewed to determine if it is still needed at all or in part, and when this activity contains commercial activities that are not severable from military or government in nature (GIN) work, that managers are either to convert to interservice service agreements (ISSA) with another DOD component or federal agency, or they must reengineer or restructure that activity.
Abolished the application of "joint and severable liability," thus ending the practice of suing "deep pocket" defendants with little or no liability.
However, it should not be forgotten that the dispute resolutions operate as a separate, severable contract, and need to be as clear and workable as the rest of the contract.
The concept is based on the principle that fee simple ownership of real estate is a bundle of rights that are divisible and severable.
Is property severable for the purposes of takings jurisprudence as it is in real life?