Severability

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Severability

In law, severability (also called salvatorius) means that if part of a contract or law is illegal or unenforceable, the rest can still apply. Some severability clauses say that if essential parts are unenforceable, the whole contract is void. Often, severability is used to keep as much of the agreement as possible in force.

Severable contract
- A severable (divisible) contract has several separate parts between the same parties. If one part is breached, the rest can still be valid. The contract usually includes a severability clause.
- Example: You buy a computer, a scanner, a printer, and a desk. If the printer can’t be delivered, the other items must still be delivered. If the contract required delivering all items together, non-delivery could be a breach of the whole contract.

Sample clause
- If any provision of an agreement is or becomes illegal, invalid, or unenforceable, that does not affect the validity or enforceability of the other provisions in that jurisdiction or in other jurisdictions.

Within legislation
- Laws often include severability clauses so that if some provisions are unconstitutional, the remaining provisions continue to operate as law.

Inseverability clauses
- Some laws state that the act should be read as a whole and if any part is invalid, the rest are invalid too (the act cannot stand without the whole). Some versions say all parts must be undone if any part is invalid. An example is a New Hampshire statute.

Severability doctrine
- Courts, especially in constitutional systems, may apply the severability doctrine to strike unconstitutional parts while keeping the rest of the statute effective. This approach aims to keep as much of the law as possible in force. The U.S. Supreme Court has used this doctrine in prominent cases.

See also
- Blue pencil doctrine