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.

References in periodicals archive ?
With regard to arbitrability, arbitration clauses should be treated as severable executory contracts.
The Court could have delayed the ACA's implementation for a reasonable period of time, (266) holding instead that all of the Act's provisions that were clearly severable from the individual mandate and Medicaid expansion would automatically go into effect if the legislature did not act.
(18) While 2410a limits a contract period to one year, it does not limit an agency's authority to make more than one year's worth of payments for severable services.
48(a) of this Act is not severable from the appropriations made in sec.
(31) The Act contained a severability clause, which indicated that Congress considered each provision severable from the other provisions in the event that a court ruled a provision unconstitutional.
(202) This time the court concluded that the offensive clauses in the arbitration agreement were not severable because they constituted "the financial heart of the agreement." (203)
According to the IRS, the tolling agreement is not severable under relevant state law and, if severed, would not be like a forward contract or futures contract because the provisions are not based on market rates.
(14.) Comptroller General Decision B-317636, Severable Services Contracts.
According to sources, Nilofar Bakhtiar along with severable other senior members of the party are concerned over the varying party policies with respect to forming alliance with the government.
(Or rather, per the analysis in Section I, the Court has recognized that the Constitution itself limits R to [R.sup./], and the Court has left [R.sup./] in force.) (12) Presumably then, a court should only entertain an as applied challenge in cases where it believes the legislature intends the statute to be severable, and severable at the particular joints at which the court is asked to sever it.
"Nevertheless, we maintain that UBB demonstrates superior business and operating characteristics relative to NBG, and consider that it would be severable and independently sustainable if NBG were to experience serious difficulties," the agency adds.
(32) Instead, the court agreed with the Commonwealth of Virginia's argument that the penalty is the "exercise [of] prohibited police power to compel individuals to enter into private commercial transactions." (33) In Commonwealth, the court ruled the individual mandate was severable from the remainder of the PPACA.