영미법상의 Consideration에 관한 고찰
The Doctrine of Consideration
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Generally mutual assent is a basic requirement to create a contract in a modern court. In common law system, in addition to mutual assent in order to render a promise that forms part of a contract enforceable, it must be supported by consideration. The conception of consideration has been challenged by a number of scholars. However, we can define the notion of consideration as it is the set of general principles defining the conditions that make promise enforceable in broad sense and it is something of value such as an act, a forbearance, or return promise received by a promisor from a promisee for bargain-exchange in narrow sense. Nowadays the theory of consideration may not be very popular, because the limits or distortions of the theory of consideration has solved by codifying in many parts by lawmakers and taking many substitutes for consideration such as promissory estoppel or detrimental reliance, although it still exists as part of the common law. Thus, consideration is not now the gatekeeper to contractual liability.
Abstract
Generally mutual assent is a basic requirement to create a contract in a modern court. In common law system, in addition to mutual assent in order to render a promise that forms part of a contract enforceable, it must be supported by consideration. The conception of consideration has been challenged by a number of scholars. However, we can define the notion of consideration as it is the set of general principles defining the conditions that make promise enforceable in broad sense and it is something of value such as an act, a forbearance, or return promise received by a promisor from a promisee for bargain-exchange in narrow sense. Nowadays the theory of consideration may not be very popular, because the limits or distortions of the theory of consideration has solved by codifying in many parts by lawmakers and taking many substitutes for consideration such as promissory estoppel or detrimental reliance, although it still exists as part of the common law. Thus, consideration is not now the gatekeeper to contractual liability.
참고문헌 (13)
- 양창수, "비교사법제도론" (1991), 대광출판사
- 이호정, "영국계약법" (2003), 경문사
- 전광백, "컨시더레이션의 법리", 연세법학연구, 9(1) (2002)
- 최택열, "미국계약법의 약인에 관한연구", 석사, pp.2002
- "Barbri Bar Review", Contracts, ~ (2007)
- Barry Hough, "The Doctrine of Consideration,In Dead or Alive in English Employment Contracts", Journal of Contract Law, 17(3) (2001)
- David J. Ibbetson, "Assumpit and Debt in the Early Sixteen Century,In The Origins of the Indebitatus Count", Cambridge L. J, pp.142~ (1982)
- Ewan Mckendrick, "Contract Law" (2003), Palgrave Law Masters
- G.H. Treitel, "The Law of Contract" (1999), Sweet & Maxwell
- P.S. Atiyah, "Consideration,In A Re statement' in P.S. Atiyah, Essay on Contract" (1986), Oxford university Press
- Peter Linzer, "Teaching Important Contracts,In Consider Consideration", St. Louis U. L.J, pp.1317~ (2000)
- Steven L, "Contracts" (2008)
- Val D. Ricks, "The sophisticated doctrine of consideration", George Mason Law Review, 90 (2000)