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Simple English definitions for legal terms

blue-pencil test

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A quick definition of blue-pencil test:

Blue-pencil test: A rule used by judges to determine whether to cancel an entire contract or just the parts that are problematic. If the problematic parts can be removed by simply crossing them out with a blue pencil, without changing or adding any other words, then only those parts will be cancelled.

A more thorough explanation:

Definition: The blue-pencil test is a legal standard used to determine whether to invalidate an entire contract or just the offending words. If it is possible to remove the offending words by simply crossing them out with a blue pencil, then only those words will be invalidated. However, if changing, adding, or rearranging words is necessary, then the entire contract may be invalidated.

Example: Imagine a contract between two parties that includes a clause stating that one party will receive $10,000 for their services. However, this clause is found to be illegal or unenforceable. If the rest of the contract can still be upheld without this clause, then the blue-pencil test would be applied. If the clause can be removed by simply crossing it out with a blue pencil, then the rest of the contract can still be enforced. However, if removing the clause would fundamentally change the nature of the contract, then the entire contract may be invalidated.

Another example: A contract between a landlord and a tenant includes a clause stating that the tenant must pay a late fee of $50 for every day that rent is late. This clause is found to be illegal or unenforceable. If the rest of the contract can still be upheld without this clause, then the blue-pencil test would be applied. If the clause can be removed by simply crossing it out with a blue pencil, then the rest of the contract can still be enforced. However, if removing the clause would fundamentally change the nature of the contract, then the entire contract may be invalidated.

These examples illustrate how the blue-pencil test is used to determine whether a contract can still be enforced even if certain clauses are found to be illegal or unenforceable. If the offending words can be easily removed without changing the nature of the contract, then only those words will be invalidated. However, if removing the offending words would fundamentally alter the contract, then the entire contract may be invalidated.

blue note | blue-sky

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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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