| 释义 |
severability
sev·er·a·ble S0296100 (sĕv′ər-ə-bəl, sĕv′rə-)adj.1. Capable of being severed or separated.2. Law Capable of being separated into legally distinct rights or obligations that can be enforced independently, as in a contract where not all promises must be performed before legal action can be taken to enforce some portion.
sev′er·a·bil′i·ty n.severability (ˌsɛvərəˈbɪlɪtɪ) n (Law) law capability of being separated, as of a clause in an agreementseverability
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 being so read, the court will ignore a severe restriction and allow a lesser restriction. It also applies in cases involving ROMALPA CLAUSES where certain words might render the clause wholly inoperative, the court can, again only if the words are capable of sustaining such a reading, allow the plaintiff some lesser power to trace the goods or their proceeds.Severability
SeverabilityA clause in a contract stating that if one clause in the contract is ruled illegal or unenforceable, the remainder of the contract remains in effect. Severability exists to protect the counterparties to the contract from the possibility that the whole contract will be ruled invalid. This is especially important if one or both parties must spend money in the execution of the contract. A contract without a severability clause could be declared entirely invalid if a single section is declared invalid. It is also called a savings clause.ThesaurusSeeseverable |