Multistate Bar Examination Practice Question

A homeowner and a contractor entered into an agreement under which the contractor would renovate the homeowner's kitchen. As part of the contract, the homeowner instructed the contractor to dispose of all construction debris at an unregulated dumping site, which violates state environmental laws. After partially completing the work, the contractor refused to continue unless the homeowner dropped the debris disposal requirement. The homeowner sued the contractor to enforce the original terms of the agreement. Should the original contract be enforced?

  • Yes, because the contractor's refusal after starting constitutes a breach of the agreement.

  • Yes, because the contract remains valid as long as the kitchen renovation process itself is legal.

  • No, because the contract requires illegal performance, and such agreements are unenforceable.

  • No, because the contractor did not raise their objections until after beginning the project.

Multistate Bar Examination
Contracts
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