Much of the Court, however, expressed skepticism that Grokster's continuing enterprise could be severable from the consequences of those prior acts.
22.
The test of whether a clause is severable is an objective test whether a reasonable person would see the contract standing even without the clauses.
23.
The test of whether a clause is severable is an objective test whether a reasonable person would see the contract standing even without the clause.
24.
The rules announced today would require companies to keep carrier-authorization letters separate or " severable " from any separate offers or forms.
25.
Typically, non-severable contracts only require the substantial performance of a promise rather than the whole or complete performance of a promise to warrant payment.
26.
However, income valuation methods can also be used to establish the value of a severable business asset as long as an income stream can be attributed to it.
27.
For the contract to be valid, however, the parties must in fact agree on every term each of them regards as being a non-severable part of the proposed contract.
28.
The Court also rejected the United States argument that the provision of the Act [ Moreland was charged under ] for punishment by fine or imprisonment are severable . Justice McKenna wrote:
29.
His Honour however agreed with Barton J that the Act was not severable and that if the enforcement powers were invalid, as found by the majority, then the entire Act was invalid.
30.
Because the Contract was for severable services, NIAID should have obligated only those fiscal year 2008 funds needed for program year 1 and only those fiscal year 2009 funds needed for program year 2.
