I stumbled across a screenshot of the license screen of some video game software - it may have been photoshopped, or it may just be a silly joke inserted by the software company, but there was a clause in it stating something to the effect that if (you) the end user did something to cause loss or damage to the publisher, the publisher could appropriate equitable remedies up to and including everything you own, including your soul.
Now, my question is this: could the inclusion of tongue-in-cheek stupidity like this jeopardise the legal status/enforceability of the entire contract?
Decently written contracts (eg: ones that have been reviewed by an attorney) will often have a separability clause, which means that if any one part of the contract is deemed illegal, impossible or just plain silly, the rest of the contract can remain in force.
A couple samples:
A declaration by any court, or any other binding legal source, that any provision of this contract is illegal and void shall not affect the legality and enforceability of any other provision of this contract, unless the provisions are mutually dependent.
If, for any reason, any provision of this contract is declared unconstitutional or invalid, the other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.
Lots of contracts have language indicating that if one part of a contract is found to be unenforceable, it doesn’t render the remaining parts unenforceable.