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Simple English definitions for legal terms

blue-pencil test

Read a random definition: Robert's Rules

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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THATS SO FUNNY
i cant i would go crazy
JumpySubsequentDolphin
20:50
i need to know who decided to do that.
JumpySubsequentDolphin
20:50
omg im on a plane weeeee
the devil
youre on a plane??? LSD made the mile high club??
20:50
yo splitterus are you in school already
20:50
it says ur c/o 2027
JumpySubsequentDolphin
20:51
@SplitterusClitterus: HAHAH yes
ur user is hilarioussss and no i just graduated this may and am now applying ---also im out of messages so ill take a lil
20:52
roger dat. see u in heck
im back, r u applying this cycle too
JumpySubsequentDolphin
21:32
this child fell asleep on me
JumpySubsequentDolphin
21:32
im so uncomfortable
just push him off the entire seat
JumpySubsequentDolphin
21:34
LMAOOOO
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
AHHAHAHAHAHAHHAHAHAHAHAHAH
@JumpySubsequentDolphin: wait this is so cute, also where r u going
JOE MBIDEN
JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
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