[hkhanna]

I've drafted many severance clauses in my career to avoid the common law default of "the contract stands or falls together." They are put there by lawyers, usually for good reason when you have two represented parties negotiating at arms length. I am not suggesting doing away with that.

But when terms are imposed on someone who is never represented by counsel when accepting them, I cannot see even a theoretical reason to not void them, especially when another part of the contract is struck down for unconscionability.

I stand behind my proposal, but I'll re-frame it: severance clauses should be unenforceable against an unrepresented party when any part of the contract was struck down on the grounds of unconscionability.

This policy, which I promise I have considered in some detail over the last decade, would go a long way to making contracts between parties of uneven bargaining power more fair overall.