Separability
/ˌsɛpəˈræbɪləti/
Definitions
- (n.) The characteristic of contractual provisions or legal clauses to be independent and enforceable separately from the rest of the agreement.
The separability clause ensured that invalid portions of the contract would not void the entire agreement.
- (n.) A principle in contract law allowing one part of a contract to be voided without affecting the enforceability of the remainder.
The court upheld the separability of the arbitration provision despite the unconscionability of other terms.
Forms
- separabilities
Related terms
See also
Commentary
Often used synonymously with 'severability,' separability emphasizes the independent enforceability of contractual provisions and is crucial in drafting clauses that preserve contract validity if parts are invalidated.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.