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 South Carolina, 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 law treats the contract as if it never existed, and the courts will not enforce any of its terms. This principle is rooted in the public policy consideration that the law should not be used to further illegal activities. Therefore, any agreement that involves illegal activities is not a valid contract under South Carolina law.