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 Arkansas, as in all states, a contract must have a lawful purpose to be enforceable. If a contract is formed 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 ab initio, meaning it is treated as if it never existed. This principle is rooted in the public policy that the law should not be used to enforce agreements that are contrary to law or morality. Therefore, any agreement made for an illegal purpose is not recognized by Arkansas courts, and no legal action can be taken to enforce such a contract. This is consistent with general contract law principles that require a valid contract to have lawful subject matter in addition to offer, acceptance, and consideration.