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Simple English definitions for legal terms

blue-pencil test

Read a random definition: accord

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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Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
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