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.
The contract cannot be enforced because its performance involves illegal activity, specifically using an unregulated dumping site in violation of state environmental laws. Contracts that require or contemplate illegal acts are void as a matter of public policy and therefore unenforceable. Even if the primary purpose of the agreement (kitchen renovation) is legal, the inclusion of terms that necessitate illegal performance renders the entire contract unenforceable. The other answers are incorrect for the following reasons: The contractor's failure to object at the outset does not validate a contract requiring illegal action; the primary legality of the kitchen renovation does not salvage the contract; and the contractor's refusal to continue work does not amount to breach when the refusal is based on the unenforceability of an illegal contractual term.
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