Severability
The term severability refers to a clause in a legal contract or a piece of legislation that allows one part of the agreement's terms to remain in effect even if some of its other terms are unenforceable.
Also sometimes known by the Latin term salvatorius, a severability clause in a contract means that its terms are independent of one another. However, in some cases, a severability clause states that certain provisions of the contract are essential and, therefore, must be met in order for the contract to be enforced.
What Are Examples of Severability Clauses?
A severable contract must have two or more parts that are different enough from each other so that a breach of contract of one part does not prevent the enforceability of the other.
Severability clauses, which are sometimes called savings clauses, are used in legal agreements and legislation. An example of a severability clause in a contract is:
"If a provision of this contract is invalid, illegal, or unenforceable in any jurisdiction, that shall not affect (a) the validity or enforceability in that jurisdiction or any other provision of this contract or (b) the validity or enforceability in other jurisdictions of that or any other provision of this contract."
In layperson terms, here is an example of a severability clause. If a customer purchases a monitor, desktop computer, and printer from a retailer, and the printer is no longer available, the retailer must still provide the monitor and computer.
A severability clause in a piece of legislation might state the following:
"If any section, sentence, phrase, word, provision, or application of the law shall be found to be invalid, illegal, or unenforceable, that shall not affect the validity of any other part that can be enforced without the use of the offending portion of the legislation.”
The Supreme Court uses the severability doctrine. For example, in 2020, Supreme Court Justice Brett Kavanaugh wrote in his lead opinion in the case Barr v. American Assn. of Political Consultants, Inc.:
Severable Services Vs. Non-Severable Services
There is an important distinction between severable and non-severable services. Here are some examples.
Severable services are services that are ongoing. Examples are maintenance, janitorial, or help-desk support services. In other words, the recipient receives a benefit each time the service is rendered.
Non-severable services are services that have an ending or result in a final. The recipient receives the benefit when the project is completed. Examples include a building conversion, systems design, or environmental study.
What Documents Have Severability Clauses?
Here is a list of some documents that may contain severability clauses:
Helpful Resources:
Cornell Law - Severable Contract
Cornell Law - Barr V. American Assn. Of Political Consultants, Inc.
The term severability refers to a clause in a legal contract or a piece of legislation that allows one part of the agreement's terms to remain in effect even if some of its other terms are unenforceable.
Also sometimes known by the Latin term salvatorius, a severability clause in a contract means that its terms are independent of one another. However, in some cases, a severability clause states that certain provisions of the contract are essential and, therefore, must be met in order for the contract to be enforced.
What Are Examples of Severability Clauses?
A severable contract must have two or more parts that are different enough from each other so that a breach of contract of one part does not prevent the enforceability of the other.
Severability clauses, which are sometimes called savings clauses, are used in legal agreements and legislation. An example of a severability clause in a contract is:
"If a provision of this contract is invalid, illegal, or unenforceable in any jurisdiction, that shall not affect (a) the validity or enforceability in that jurisdiction or any other provision of this contract or (b) the validity or enforceability in other jurisdictions of that or any other provision of this contract."
In layperson terms, here is an example of a severability clause. If a customer purchases a monitor, desktop computer, and printer from a retailer, and the printer is no longer available, the retailer must still provide the monitor and computer.
A severability clause in a piece of legislation might state the following:
"If any section, sentence, phrase, word, provision, or application of the law shall be found to be invalid, illegal, or unenforceable, that shall not affect the validity of any other part that can be enforced without the use of the offending portion of the legislation.”
The Supreme Court uses the severability doctrine. For example, in 2020, Supreme Court Justice Brett Kavanaugh wrote in his lead opinion in the case Barr v. American Assn. of Political Consultants, Inc.:
Severable Services Vs. Non-Severable Services
There is an important distinction between severable and non-severable services. Here are some examples.
Severable services are services that are ongoing. Examples are maintenance, janitorial, or help-desk support services. In other words, the recipient receives a benefit each time the service is rendered.
Non-severable services are services that have an ending or result in a final. The recipient receives the benefit when the project is completed. Examples include a building conversion, systems design, or environmental study.
What Documents Have Severability Clauses?
Here is a list of some documents that may contain severability clauses:
Helpful Resources:
Cornell Law - Severable Contract
Cornell Law - Barr V. American Assn. Of Political Consultants, Inc.