How to Draft a Contract with Severability in Mind
A “severability” or a “partial invalidity” clause can prevent a court from declaring an entire contract invalid or unenforceable just because a single provision in the contract is declared invalid or unenforceable, advises Julie Brook in a post for California’s Continuing Education of the Bar.
“Whether a contract is severable or entire depends on the parties’ intention, as revealed in the language of the contract itself and the surrounding circumstances,” she explains.