Should Severability Clauses Be Standard, Boilerplate Provisions?

Introduction

Boilerplate language. We see certain types of standardized terms and provisions contained in almost every document. Severability clauses, also known as savings or invalidity clauses, are almost always considered boilerplate.

There are instances where a court may find a provision to a contract to be unenforceable due to unconscionability, illegality, or because it violates a statute or public policy. The finding of a single unenforceable provision may render a contract or agreement void in its entirety. To avoid this result, parties often incorporate a severability clause to ensure that even despite a ruling that a provision is invalid or otherwise unenforceable, the rest of the contract or agreement will be preserved.