blue pencil rule (doctrine)

noun

  • Contract Law

Definitions of blue pencil rule (doctrine)

  • a rule which allows courts to remove unreasonable portions of a contract in order to make the contract enforceable

    North Carolina's blue pencil rule severely limits what the court may do to alter an unenforceable clause.

Phrase Bank for blue pencil rule (doctrine)

  • Finally, the Court considered IRIS’s argument that the non-competition clause could be salvaged by employing the “blue pencil rule” or “blue-pencil severance”.

  • By contrast, the rules applicable to modifying unacceptable restrictive covenants have been liberalized in Georgia. Under prior legislation, the “blue pencil” rule of severability did not apply to restrictive covenants in employment contracts.

  • Public Act 16-95 is silent as to whether courts are allowed to apply the “blue pencil rule” in determining the enforceability of post-July 2016 physician non-compete agreements.

  • The court then stated, however, the blue pencil rule extends to all provisions of a non-competition agreement. Kegel v. Tillotson, 297 S.W.3d 908, 913 (Ky. App. 2009) (“[O]ur courts have adopted a ‘blue pencil’ rule, whereby we are empowered to reform or amend restrictions in a non-compete clause.

  • Justice Vogelman invoked the “blue pencil rule”, finding that the words “an area under its control” should be excised from the definition altogether.