Question

A severability provision Group of answer choices rescinds the entire contract upon request of the party who drafted it. transfers benefits under a contract to another person. asks the court to delete the offending clause and enforce the rest of the contract. transfers the obligations of a contract to another party.

Answer 1

A severability provision provides for some provisions of a contract to survive the illegality or unenforceability of others. The correct answer is option C asks the court to delete the offending clause and enforce the rest of the contract.

What is a severability provision?

A severability provision allows for the continuation of the law or contract's terms even if one or more of its other clauses or sections are judged to be invalid or unenforceable. A contract's severability clause specifies that its terms are distinct from one another so that the remaining portions of the agreement will stand even if a court rules that one or more of them are invalid or unenforceable.

Why are severability clauses called savings clauses?

Severability provisions often have two elements. Severability clauses are also known as savings clauses because they preserve the remainder of the agreement in the event that a court finds a provision to be unenforceable. Reformation language outlines how the parties intend unenforceable provisions to be changed to be enforceable, or simply deleted.

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