An attempt to contract for an illegal purpose—to commit a murder or other crime or to facilitate an illegal objective (a promissory note for the purchase of illegal drugs)—is unenforceable and does not create a contract. A purported contract that is found to be for an illegal purpose is void and treated as if it never existed.
In Texas, as in all states, a contract must have a lawful purpose to be enforceable. If a contract is made with the intent to commit a crime, such as murder, or to facilitate an illegal objective, such as the purchase of illegal drugs, it is considered void from the outset. This means that the contract has no legal effect and is treated as if it never existed. Texas law, consistent with general contract law principles, will not enforce terms of a contract that require the performance of an illegal act or that are contrary to public policy. Therefore, any agreement to perform an illegal act is not a valid contract and cannot be legally upheld or enforced by the courts.
