A Severability Clause is part of the boilerplate provisions you find in many contracts. It essentially asks the court interpreting the contract to ignore just the unenforceable portions of the contract. Absent this provision, a court may choose to throw out the entire contract if there are any issues. Simple Severability Clause If any provision…

Contracts often have unenforceable provisions in them. Therefore, parties are not bound by every provision in a contract. In our previous blog, we talked about what makes a contract. In this blog, we talk about what is excluded from a contract.   Court Interpretation When we say something is excluded from a contract or held…

A Merger Clause (AKA “integration” or “entire agreement” clause) is a boilerplate portions of many contracts. They define the scope of the interpretation of a contract. Therefore, they can be incredibly useful clauses for protecting yourself! Merger Clause Benefits The length of your document becomes the downside of these clauses. The more words, the more…

Did you enter into a contract in North Carolina only to find out there was a clause that specified you had to bring any claims arising under that contract in another state? Do you want to bring a claim in the State of North Carolina but you think you now can’t? Never fear because North…

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