Severability

Also known as: Divisibility

In one sentence

A clause allowing a contract to remain valid even if one part is found unenforceable.

Plain English

Severability is a safety mechanism in contracts. If a court decides that one clause is illegal or unenforceable, a severability clause lets the rest of the contract survive and remain binding. Without it, one bad clause could void the entire agreement. This protects both parties by preserving the deal even when part of it fails.

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Example

A contract includes a non-compete clause that a court finds too restrictive and unenforceable. Because the contract has a severability clause, the rest of the agreement—covering payment, delivery, and other terms—remains valid and enforceable.

Used in a sentence

“The severability clause ensured that when one provision was struck down as unconstitutional, the contract remained in force.”

Related terms

Entire Agreement

A clause stating that the written contract contains the complete and final agreement between the parties.

Reformation

A court rewrites contract terms to match what both parties actually intended.

Voidable Contract

A contract that one party can cancel or reject, but is otherwise valid.

Governing Law

The state or jurisdiction whose laws will interpret and enforce a contract.

Material Breach

A significant failure to perform a contract obligation that defeats its core purpose.

Offer

A proposal to enter into a binding agreement on specific terms.

Acceptance

Agreeing to the exact terms of an offer, creating a binding contract.

Consideration

Something of value exchanged by each party to make a contract binding.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.