divisible and indivisible contracts

divisible and indivisible contracts
The effect of the breach of a contract depends in a large degree upon whether it is to be regarded as indivisible or divisible; i.e. whether it forms a whole, the performance of every part of which is a condition precedent to bind the other party, or is composed of several independent parts, the performance of any one of which will bind the other party pro tanto. The only test is whether the whole quantity of the things concerned, or the sum of the acts to be done, is of the essence of the contract. It depends, therefore, in the last resort, simply upon the intention of the parties. Integrity Flooring v. Zandon Corporation, 130 N.J.L. 244, 32 A.2d 507, 509.
When a consideration is entire and indivisible, and it is against law, the contract is void in toto. When the consideration is divisible, and part of it is illegal, the contract is void only pro tanto. Gelpcke v. Dubuque, 68 U.S. (1 Wall.) 220, 17 L.Ed. 530.

Black's law dictionary. . 1990.

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