Severability Clause

In one sentence

A provision stating that if one part of a contract is invalid, the rest remains enforceable.

Plain English

A severability clause protects a contract by saying that if a court strikes down one provision as illegal or unenforceable, the other parts of the contract still stand. Without this clause, a single bad provision could kill the entire agreement. It's like saying, 'If one piece is broken, the rest of the machine still works.'

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Example

A non-compete agreement includes a severability clause. If a court rules that the geographic restriction is too broad and unenforceable, the severability clause allows the rest of the non-compete—such as the time restriction—to remain valid.

Used in a sentence

“The severability clause ensured that if the non-solicitation provision was struck down, the rest of the employment contract would survive.”

Related terms

Entire Agreement Clause

A contract provision stating that the written agreement is the complete and final deal between parties.

Merger Clause

A contract statement that the written agreement supersedes all prior negotiations and understandings.

Legality of Object

The requirement that a contract's purpose and subject matter must be legal and not against public policy.

Discharge of Contract

The release of both parties from their contractual obligations.

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.

Offeror

The person who makes an offer to enter into a contract.

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.