severable contract

severable contract
entire and severable contracts
An entire contract is one the consideration of which is entire on both sides. The entire fulfillment of the promise by either is a condition precedent to the fulfillment of any part of the promise by the other. Whenever, therefore, there is a contract to pay the gross sum for a certain and definite consideration, the contract is entire. A severable contract is one the consideration of which is, by its terms, susceptible of apportionment on either side, so as to correspond to the unascertained consideration on the other side, as a contract to pay a person the worth of his services so long as he will do certain work; or to give a certain price for every bushel of so much corn as corresponds to a sampie. Where a contract consists of many parts, which may be considered as parts of one whole, the contract is entire. When the parts may be considered as so many distinct contracts, entered into at one time, and expressed in the same instrument, but not thereby made one contract, the contract is a separable contract. But, if the consideration of the contract is single and entire, the contract must be held to be entire, although the subject of the contract may consist of several distinct and wholly independent items.
+ severable contract
A contract which includes two or more promises which can be acted on separately such that the failure to perform one promise does not necessarily put the promisor in breach of the entire agreement. A contract, the nature and purpose of which is susceptible of division and apportionment, having two or more parts, in respect to matters and things contemplated and embraced by it, not necessarily dependent upon each other, or intended by parties as being dependent. Gross v. Maytex Knitting Mills of Cal., 116 C.A.2d 705, 254 P.2d 163, 167.
When a contract is severable, a breach may be found to constitute a default as to only the specific part breached, thus relieving the defaulting party from liability for damages for breach of the entire contract.
See e.g., U.C.C. No. 2-612 with respect to installment contracts.

Black's law dictionary. . 1990.

Look at other dictionaries:

  • severable contract — n. A contract that contains two or more independent parts, one or more of which can potentially be breached without invalidating the entire contract. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney… …   Law dictionary

  • Severable contract — In contract law, a severable contract is a contract that is actually composed of several separate contracts concluded between the same parties, so that failing (breaching) one part of such a severable contract does not breach the whole contract.… …   Wikipedia

  • severable contract — See divisible contract; severability of contract …   Ballentine's law dictionary

  • severable contract — noun a contract which, in the event of a breach by one of the parties, can be considered as several independent agreements expressed in a single instrument • Hypernyms: ↑contract …   Useful english dictionary

  • contract — con·tract 1 / kän ˌtrakt/ n [Latin contractus from contrahere to draw together, enter into (a relationship or agreement), from com with, together + trahere to draw] 1: an agreement between two or more parties that creates in each party a duty to… …   Law dictionary

  • severable — sev·er·able / se vrə bəl, se və rə / adj: capable of being severed: divisible a severable contract a severable bequest compare entire sev·er·abil·i·ty /ˌse vrə bi lə tē, ˌse və rə / …   Law dictionary

  • contract — An agreement between two or more persons which creates an obligation to do or not to do a particular thing. As defined in Restatement, Second, Contracts No. 3: A contract is a promise or a set of promises for the breach of which the law gives a… …   Black's law dictionary

  • severable — severability, n. /sev euhr euh beuhl, sev reuh /, adj. 1. capable of being severed. 2. Law. separable or capable of being treated as separate from a whole legal right or obligation: a severable contract obligation. [1540 50; SEVER + ABLE] * * * …   Universalium

  • severable — /ˈsɛvrəbəl/ (say sevruhbuhl), /ˈsɛvərəbəl/ (say sevuhruhbuhl) adjective 1. capable of being severed. 2. Law separable or capable of being treated as separate from a whole legal right or obligation: a severable contract obligation. –severability… …   Australian English dictionary

  • severable — UK US /ˈsevərəbl/ adjective LAW ► if a contract is severable, it can be ended: »The goods may be delivered in instalments, but the contract is not severable …   Financial and business terms

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