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Can the court enforce a divisible, legal part of a contract even if part of the contract is illegal?

1) Yes
2) No

User Benrugg
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1 Answer

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Final answer:

Yes, a court can enforce the divisible, legal parts of a contract even if other parts are illegal, provided those parts are independent from the illegal provisions and in line with public policy.

Step-by-step explanation:

The question of whether a court can enforce the divisible, legal part of a contract when part of the contract is illegal is a complex issue. The general rule is yes, the court can enforce the legal provisions of a contract if those provisions are divisible from the illegal ones. This means that the legal parts can stand on their own independently and are not inextricably linked with the illegal elements.

For a contract to be enforced in this manner, it must be clear that the contract's purpose is not entirely illegal and that the legal parts do not depend upon the fulfillment of any illegal aspects. Courts look at the intention of the parties and the separability of the terms when determining if a division can be made. Additionally, such enforcement is subject to the discretion of the court, which evaluates factors such as public policy and the parties' conduct.

For example, if a contractor agrees to build a house and install an illegal wiring system, the contract for the construction of the house (a legal activity) could still be enforceable, while the contract for the illegal wiring would not be enforced.

User Pedronveloso
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