Contract Terms to Know: Severability Clause

We are doing a deep dive into specific contract terms so you will know why they are in the contract.

Sometimes you will see a boilerplate provision with the title “Severability.” This is important. 

A severability clause allows judges to cut out unenforceable clasus from a contract while leaving the rest of the contract intact.

Severability means if a court finds one provision of the contract unenforceable, that unenforceable provision gets knocked out -- the whole contract isn't unenforceable, just that one paragraph. 

 As you can imagine, it is very helpful to know that only bad clauses are at risk, and not the entire contract.