One which, in the event of a breach by one of the parties, may be justly considered as several independent agreements expressed in a single instrument. Where a contract is deemed severable, a breach thereof may constitute a default as to only a part of the contract, saving the defaulting party from the necessity of responding in damages for a breach of the entire agreement. See, e.g., U.C.C. §2-612(2) conferring upon a buyer the right to reject one installment of an installment contract in the event that installment is substantially impaired. See also U.C.C. §2-612(3) authorizing a party aggrieved by a breach that impairs the value of the whole contract to treat the breach as one affecting only part of the contract by suing for damages with respect to past installments or by demanding future installments.
A severable contract may in fact be a series of divisible contracts so that each part may be supported by a separate consideration and involve separate suits for breach of contract. Simpson, Handbook on the Law of Contracts §153 (2d ed. 1965). See also installment contract.
