severability clause

Definition

A contract provision stating that if one part is found illegal or unenforceable, the rest of the agreement survives. It's like saying 'if you cut off one of the hydra's heads, the other heads keep biting.'

Example Usage

Thanks to the severability clause, even though the non-compete was struck down, the rest of the employment agreement remained valid.

Origin

From contract drafting practice in common law jurisdictions

Fun Fact

Without a severability clause, courts might void an entire contract over one problematic provision—which is why every halfway competent lawyer includes one.

Source: Common contract drafting terminology

Related Terms

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equitable relief

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laches

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