미국계약법상 consideration 법리에 관한 고찰

Abstract

The Nineteenth century is usually regarded as the classical age of Anglo-American contract law. The main reasons is that shown at that time the extensive development of the principles and structure of contract law into essentially the form which exists today. In Anglo-American law, it is often said that there must be not only mutual assent, but also exchanging something known as consideration in order to be a binding contract. Not all promises are legally enforceable. Consideration also demands the bargained for exchange requirement. If the promise is not presented in an appropriate fashion, the bargained for exchange requirement is not satisfied with. Therefore to have a perfect consideration, two requisites, i.e legal value and bargained for exchange, must be satisfied with. Traditionally those are the decisive criteria especially in the common law. But in these days, consideration as the doctrine of contract law to protect related interests and property under unanticipated circumstances is developed, is so challenged as to renounce more frequently in the contract of business area. It is common to see collision between the common law and the Uniform Commercial Code. The movement to protect consumer in private laws is actively conducted for legislation and interpretation of U.C.C. U.C.C. section 2-302 stands for the doctrine of unconscionability and is most severely disputed through related sections of U.C.C. There, this article dealt with the doctrine of unconscionability which is one of means to protect consumers in America. The contract established in full effect by Korean Law, without consideration in American contract law in it, is not protected by U.S. legal system. Therefore when contracted between two or more parties, We shall understand and have knowledge about consideration in American law.