When it comes to drafting a contract, it is important to make sure that each provision is clear, concise, and most importantly, enforceable. A provision that is enforceable means that if one party fails to comply with the terms of that provision, the other party can take legal action to enforce it. This is why it is crucial to know which provisions in a contract are enforceable independently.

The term used for contract provisions that are enforceable independently is «severability.» Severability refers to the ability of a contract to remain valid even if one or more provisions are found to be unenforceable or invalid. This means that if a court strikes down a particular provision in a contract, the rest of the contract remains in effect.

There are a few key reasons why severability is important in contract drafting. One important reason is that it allows parties to negotiate and agree on provisions without jeopardizing the entire contract. This means that if one provision is found to be unenforceable, the parties can still rely on the other provisions in the agreement to govern their relationship.

Severability also allows for flexibility in the event of changes to the law or other external factors. For example, if a contract includes a provision that is later found to be in violation of a new law, the rest of the contract can remain in effect as long as the unenforceable provision is severed.

It is worth noting that not all contract provisions are severable. Some provisions are so integral to the contract that if they are found to be unenforceable, the entire agreement may be deemed invalid. It is therefore important to consult with a lawyer when drafting a contract to ensure that each provision is appropriately tailored to the specific situation and complies with applicable laws.

Overall, severability is a critical concept in contract drafting, as it allows for maximum flexibility and enforceability. By ensuring that provisions are severable, parties can negotiate and agree on terms with confidence, knowing that the contract will remain valid even if one or more provisions are struck down.