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severability

English translation: Severability, or a Blue-pencil Test, or divisibility of contract

02:52 May 29, 2000
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: severability
in an agreement as a para. title:

void clause/severability
AC-Intercar, d.o.o.
Selected answer:Severability, or a Blue-pencil Test, or divisibility of contract
Explanation:
A judicial standard for deciding whether to invalidate the whole contract or only the offending words.

Under this standard, only the offending words are invalidated if it would be possible to delete them simply by running a blue pencil through them, as opposed to changing, adding, or rearranging words.
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SEVERABILITY CLAUSE in a contract
=================================

A provision that keeps the remaining provisions of a contract or statute in force if any portion of that contract or statute is judicially declared void or unconstitutional.

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SEVERABLE CONTRACT
===================

A contract that includes two or more promises each of which can be enforced SEPARATELY, so that failure to perform one of the promises does not necessarily put the promisor in breach of the entire contract (also termed - divisible contract, severAL contract).

Very frequently refers to a CONSTRUCTION CONTRACT where a developer undertakes to split a lot into several sublots and construct identical houses on those lots. A breach on one separate lot does not invalidate the whole contract.
Selected response from:

Tatiana Neroni (X)
Grading comment
Graded automatically based on peer agreement.
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +3Severability, or a Blue-pencil Test, or divisibility of contract
Tatiana Neroni (X)
nadivisibilidad
Dadou


  

Answers


6 hrs
divisibilidad


Explanation:
Found in Thomas L. West's Spanish-English Dictionary of Law and Business

Dadou
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634 days   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
Severability, or a Blue-pencil Test, or divisibility of contract


Explanation:
A judicial standard for deciding whether to invalidate the whole contract or only the offending words.

Under this standard, only the offending words are invalidated if it would be possible to delete them simply by running a blue pencil through them, as opposed to changing, adding, or rearranging words.
===========

SEVERABILITY CLAUSE in a contract
=================================

A provision that keeps the remaining provisions of a contract or statute in force if any portion of that contract or statute is judicially declared void or unconstitutional.

=================

SEVERABLE CONTRACT
===================

A contract that includes two or more promises each of which can be enforced SEPARATELY, so that failure to perform one of the promises does not necessarily put the promisor in breach of the entire contract (also termed - divisible contract, severAL contract).

Very frequently refers to a CONSTRUCTION CONTRACT where a developer undertakes to split a lot into several sublots and construct identical houses on those lots. A breach on one separate lot does not invalidate the whole contract.

Tatiana Neroni (X)
Grading comment
Graded automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Robert Donahue (X)
1229 days

agree  gtreyger (X)
1229 days

agree  jennifer newsome (X)
1229 days
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