All contracts involve the exchange of something that has a certain value, whether it is a product, a service or money. Each of the parties has certain responsibilities with respect to this exchange. These responsibilities are called contractual obligations. For example, if you enter into a contract for the sale of a vehicle, you are obliged to transfer its ownership while the buyer is obliged to pay you for it. The terms of the contract specify the possibilities of fulfilling the obligations (amount and type of payment, time and place of delivery, etc.). If one of the parties fulfils its obligations under the contract while the other party does not, the party fulfilling the contract may apply to a court to remedy the situation. For example, a web developer signed a contract with a graphic designer to design promotional materials for $3,000. The designer created and delivered the hardware and the developer confirmed that it complied with the terms of the contract. If the web developer does not pay the designer, the designer can now seek compensation for breach of contract in court. The third view is that expressed by Marshall C.J. in his majority opinion in Dartmouth College v. Woodward.2130 according to which the charter of Dartmouth College, a purely private institution, was the result and partial record of a contract between the college`s donors, on the one hand, and the British Crown, on the other, and the treaty remained in force between the State of New Hampshire as successor to the Crown and Government of Great Britain and the trustees as successors to the donors. In other words, the Charter was not merely a concession, but the documentary record of a still existing agreement between still existing parties.2131 With this view, which he developed with great ingenuity and persuasion, Marshall was able to directly and without further use of his fiction in Fletcher v.
Peck of an implementation contract accompanying the grant. Police violence has also often benefited from the doctrine of strict construction, although this remedy is rarely, if ever, necessary in this context today. Some of the most notable cases can be briefly summarized. Knoop, 2112 A closely divided court ruled that an Ohio general banking law that provided that companies that comply with it and their shareholders should be exempt from all but some taxes, as for a bank organized under it and its shareholders, was a contract within the meaning of Article I, § 10. The provision was not, according to the Court, «a legislative order or a taxation rule until it is amended, but a convention that determines any change according to the nature of the language used and the circumstances in which it was adopted.» 2113 However, where the State of Michigan has undertaken, by a general act of law, not to impose any company, partnership or sole proprietorship in order to produce salt in the State from water obtained by drilling on the land used for that purpose and, in addition, to pay a premium on the salt so produced, it was found that he had not committed himself within the meaning of the Constitution. «General encouragement,» the Court wrote, «held that all persons to participate indiscriminately in a particular trade or manufacture, whether in the form of bonuses, disadvantages or other advantages, are always under the control of the legislature and may be abandoned at any time.» 2114 As regards the tax exemption, the difference between those two cases is manifestly small, but the latter is undeniably the authority supporting the argument that legislative premiums can be abolished at will. The prevailing doctrine was established by the Supreme Court of the United States: «It is the permanent right of this court that the prohibition of laws that interfere with the obligation of treaties does not prevent the State from exercising the powers conferred upon it to promote the common good or necessary for the common good of the public. although contracts previously concluded between individuals may be affected. .