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In contract law, a severable contract (or "divisible contract") is a contract that is composed of several separate contracts concluded between the same parties, such that failing one part of such a 'severable' contract does not breach the whole contract. Therefore, the other party must still honor the other subparts and cannot cancel the whole ...
If there are uncertain or incomplete clauses in the contract, and all options in resolving its true meaning have failed, it may be possible to sever and void just those affected clauses if the contract includes a severability clause. The test of whether a clause is severable is an objective test—whether a reasonable person would see the ...
The test of whether a clause is severable is an objective test—whether a reasonable person would see the contract standing even without the clauses. Typically, non-severable contracts only require the substantial performance of a promise rather than the whole or complete performance of a promise to warrant payment.
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"The issue primarily turns on who is the most appropriate party to bear the risk of non-recovery. Should it be the plaintiff, in which case a proportionate model will be a fairer or efficient model of allocating risk? Should it be the liable defendants, in which case joint and several liability will be an efficient way of allocating risk?" [2]
Watch firsthand, in 360 video, as Susan Sarandon listens and learns about refugees' hopes, dreams and journeys
Case history; Prior: Judgment for defendants affirmed, 537 F.3d 667 (D.C. Cir. 2008), cert. granted, 556 U.S. 1234 (2009).: Holding; The dual for-cause limitations on the removal of members of the Public Company Accounting Oversight Board contravene the Constitution's separation of powers, but the unconstitutional limitations are severable from the remainder of the statute.
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