Warning

Info

LSDefine

Simple English definitions for legal terms

blue-pencil test

Read a random definition: certificando de recognitione stapulae

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

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
18:46
do u have a dream school?
18:46
well i saw one is at fordham and one is at upenn and ik fordham isnt t14 but its better than temple and villanova
18:47
dream is duke
18:47
ooh interesting choice why Duke?
18:48
i got into fordham and so did the dumbass I was dating for like two months it’s not that hard
18:48
by which I mean if they let him in I don’t trust their standards
18:49
my dad went to duke law so i have been a fan forever
18:49
Duke is fun. I took a trip there when I was 19 or so. Really good time when I was a young rapscallion.
18:49
and ik i just dont think i gave myself enough time for a guaranteed 170+ performance
18:49
I didnt see if anyone answered my UGA question. Did anyone answer it?
18:53
@Dkkm11: are you not still a young rapscallion?
19:00
Nah, I am gray-bearded wizard.
19:02
Hmmm. I guess that’s okay.
19:03
Honestly, idk what I would call myself these days. Will probably not know until I can reflect on this part of my life which will be idk, in like 5 years when I am 32.
19:06
Does your life come in 5 year epochs typically?
19:06
Someone told me a while ago that I was probably molested as a kid because I don’t really have any clear memories of my childhood. But I don’t think I was.
1a2b3c4d26z
19:10
Inside thoughts!
19:10
this is where I post my inside thoughts
19:11
Nah, the fucked up thing about therapists is they try and make you think your parents are your enemy 99% of the time and really they should be telling you that your parents have almost no effect on the rest of your life. If they can get you to keep focusing on your parents they can keep making money.
19:12
Yeah, my life really does flow in about 5 years periods.
19:12
My crypto also flows in 5 day epochs too.
19:16
what do you do with your days as an unemployed crypto guy? do you play an instrument or something
19:47
please lawd
19:47
forgive me
19:47
its time to go back to tha old me
19:50
this is what i feel like when i get one single drill question right
19:50
when u get one wrong ;(
LSD+ is ad-free, with DMs, discounts, case briefs & more.