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Prohibition Against Impairment of Obligations of Contracts
Prohibition Against Impairment of Obligations of Contracts
The obligation of a contract is impaired when its terms or conditions are changed by law or by a
party without the consent of the other, thereby weakening the position or rights of the latter.
Example: when a tax exemption based on a contract is revoked by a later taxing statute. But
exemption from taxation provided for in a franchise, although in a sense is an exemption based on a
contract, may be revoked because under the Constitution, a franchise is “subject to amendment,
alteration, or repeal” by Congress.