Severability clause

Severability clause

The severability clause (sometimes referred to as a salvatorius clause, from the Latin word "salvatorius") is the name for a special clause that regulates the legal consequences or the applicability of the remaining clauses of a contract when some clauses of a contract are or become ineffective or infeasible. The goal of the severability clause is usually to maintain the spirit of the contract as much as possible.

Severability clauses are sometimes used in statutes, to preserve the effectiveness of certain portions of the statute if some part is struck down as unconstitutional by a court acting in judicial review.

ample clause

:"If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect::#the validity or enforceability in that jurisdiction of any other provision of this Agreement; or :#the validity or enforceability in other jurisdictions of that or any other provision of this Agreement."


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Look at other dictionaries:

  • severability clause — n: a clause (as in a contract) which states that provisions are severable; esp: a clause in a statute that makes the statute s parts or provisions severable so that one part can be invalidated without invalidating the whole – called also… …   Law dictionary

  • severability clause —    A provision in a contract that preserves the remainder of the contract if a portion of it is invalidated by a court. Without such a clause, if a court found that one part of the contract was unenforceable, the entire document would be invalid …   Business law dictionary

  • severability clause — See saving clause severable statute …   Black's law dictionary

  • severability clause — Same as saving clause …   Ballentine's law dictionary

  • Severability — A clause in a contract that allows for the terms of the contract to be independent of one another, so that if a term in the contract is deemed unenforceable by a court, the contract as a whole will not be deemed unenforceable. If there were no… …   Investment dictionary

  • Severability — In law, severability refers to a provision in a contract which states that if parts of the contract are held to be illegal or otherwise unenforceable, the remainder of the contract should still apply. Sometimes, severability clauses will state… …   Wikipedia

  • 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… …   Law dictionary

  • saving clause — sav·ing clause n: a clause in a statute exempting something from the statute s operation or providing that the rest of it will stand if part is held invalid; also: a contractual clause providing that if part of the contract is invalidated the… …   Law dictionary

  • separability clause — sep·a·ra·bil·i·ty clause /ˌse pə rə bi lə tē / n: severability clause Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • saving clause — In a statute, an exception of a special thing out of the general things mentioned in the statute. Ordinarily a restriction in a repealing act, which is intended to save rights, pending proceedings, penalties, etc., from the annihilation which… …   Black's law dictionary

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