Springfield, VA asked in Contracts for California

Q: Does an unenforceable provision make the entire contract void?

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3 Lawyer Answers
Hong Shen
Hong Shen
Answered
  • Westlake Village, CA
  • Licensed in California

A: No. Any of the unenforceable provisions will be modified or struck to reflect the intentions of the contracting parties but the remaining contract is still valid and enforceable.

Zaher Fallahi
Zaher Fallahi
Answered
  • Los Angeles, CA
  • Licensed in California

A: No. Generally, that particular clause is set aside and the rest of the contract is still enforceable.

Terrence Jay Moore
Terrence Jay Moore
Answered
  • Santa Ana, CA
  • Licensed in California

A: This is called a "severability clause". You should make sure all your contracts have this clause. Or in some cases the court can throw out the whole contract.

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