'the doctrine of eclipse’ in agreement

This query is : Resolved 
 


Querist : Anonymous (Querist)
22 February 2010

Dear Sirs/Madam,

In many agreements one may find the clause which is similar to ‘the doctrine of severability’
[i.e. if any clause in the document determined to be invalid or unenforceable the remaining provisions of the agreement shall not be affected thereby and shall be binding upon the parties and shall e enforceable as through said invalid or unenforceable clause were not contained in the agreement.]

If one can draft a document containing clause as mentioned herein above… can one also incorporate ‘the doctrine of eclipse’ in agreement????

Is there any precedent, ruling of courts etc????

[Agreements = License & Assignment of Copyrights, MOU etc...]

Thanks.


s.subramanian (Expert)
16 September 2010

Yes. It is recognised inlaw.

Ms.Usha Kapoor (Expert)
10 July 2018

Yes!I agree with Subramanian's opinion.



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