Severability Law and Legal Definition

Severability in legal terms refers to a clause in a contract that provides that any portion of the contract deemed to be unenforceable does not affect the validity of the rest of the contract. A severability clause may be included in a contract which is an agreement which is made up of several separate contracts between the same parties, such as series of sales, shipments or different pieces of equipment. Therefore, breach of one of the separate (severable) contracts is not a breach of the remainder of the overall contract and is not an excuse for the other party to refuse to honor any separate part of the contract which has not been breached.

A sample of wording of a severability clause is "If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby."