Severability in a contract refers to a clause that allows certain provisions to be removed from a contract, without invalidating the entire document. It is a safeguard mechanism that ensures that if one clause is deemed unenforceable or illegal, the rest of the contract can still be upheld.

In simpler terms, severability means that if one part of a contract is found to be invalid or unenforceable, the rest of the contract will remain in effect.

Why is Severability Important in a Contract?

Severability is an essential aspect of contract law because it provides protection for both parties involved in the agreement. It means that if one part of the contract is struck down by a court, the entire agreement will not fall apart. This means that the contract will still hold its legal force, which will prevent the parties from having to renegotiate the entire contract.

For example, let`s say that a contract contains a provision that is later deemed to be in violation of a state law. Without a severability clause, the entire contract would be declared invalid, and the parties would need to start the contract negotiation process all over again. However, with a severability clause, the invalid provision would be removed, and the rest of the contract would still be in effect.

Severability also offers protection for the party that has drafted the contract. It ensures that even if one of the provisions is deemed invalid or unenforceable, the rest of the contract will remain legally binding. This can help to prevent lawsuits and other legal issues that may arise from a contract dispute.

How to Draft a Severability Clause

To ensure that your contract includes a robust severability clause, it is crucial to work with an experienced attorney who can help you draft a clear and concise clause that will hold up in court.

A well-drafted severability clause should:

– Clearly state that the remainder of the contract will remain effective if any provision is deemed unenforceable or invalid.

– State that any provisions that are deemed unenforceable will be removed from the contract, leaving the remainder of the contract intact.

– Make it clear that the severability clause will apply even if the invalid provision is a fundamental part of the agreement.

In conclusion, severability is an essential provision that should be included in any contract. It offers protection for both parties involved, ensuring that the contract will remain legally binding even if one of the provisions is deemed unenforceable or invalid. Be sure to work with an experienced attorney to draft a clear and effective severability clause that will hold up in court.