severable

Severable is an adjective meaning capable of being separated or cut apart. In legal and formal language, it is used to describe provisions, clauses, or parts of a document that can be removed or treated independently without invalidating the remainder.

In contract law, a severable provision refers to a portion of an agreement that can be struck out or deemed unenforceable without destroying the overall contract. A severability clause is a standard contract provision stating that if a particular provision is found invalid or unenforceable, that provision shall be severed and the rest shall remain in effect. This allows parties to preserve the agreement despite the invalidity of one part.

Distinct from severable provisions, some terms are considered inseverable, meaning their removal would undermine the entire instrument. Courts may apply mechanisms such as the blue pencil doctrine to modify or excise problematic language while preserving the remainder, or, in some cases, invalidate the contract if the essential purpose cannot be achieved without the problematic provision.

Severability also arises in statutory and constitutional contexts. If a specific clause or statute is held unconstitutional, severability principles guide whether the remaining portions can continue to operate effectively. Different jurisdictions may have varying standards for determining severability and whether the doctrine applies to public policy concerns.

Beyond contracts and law, severability can appear in wills and other legal instruments to ensure that invalid provisions do not defeat the document as a whole. The concept is frequently contrasted with inseverable or entire-necessity terms.