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severance of contract

Definition

Saving the truncated version of a void or voidable contract by separating and discarding its offending parts. It may be possible to save a partially invalid contract from total invalidity where (1) the agreement or deal is composed of several parts or clauses, (2) it is possible to comply with some parts or clauses while disregarding the others, (3) substantial life is left in the contract after the severance of bad parts or clauses, and (4) there is no opposition to, or material fault in, the remaining provisions or purposes of the contract.

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