(조익제 변호사와 함께 영어로 읽는) 영국 민사법 입문 . Vol. 1 , 영국법의 기초지식, 인(人) 및 계약법 = Introduction to English civil law for Korean speaking lawyers and law students

목차 (Table of Contents)

• 목차
• Part One: Basic Topics
• Chapter One Classification and sources of English law
• Ⅰ. Introduction = 1
• Ⅱ. The classification of English law = 2
• 1. Private law and public law = 2
• 2. Civil law and criminal law = 2
• 3. Common law and equity = 4
• Ⅲ. The sources of English law = 5
• 1. Legislation = 6
• a) The supremacy of Parliament = 6
• b) The statutory process = 7
• c) Delegated legislation = 8
• d) The interpretation of statutes = 9
• 2. Judicial precedents = l2
• a) Absolute binding effect = 13
• b) Distinguishing, approving and overruling precedents = 17
• (aa) Distinguishing precedents = 17
• (bb) Approving precedents = 18
• (cc) Overruling precedents = 18
• 3. Custom = 19
• a) General custom and usage = 20
• b) Local custom = 20
• c) Conventional custom = 21
• 4. Books of authority = 22
• Ⅳ. Further reading = 23
• Chapter Two The administration of the law
• Ⅰ. Common law and equity = 25
• 1. Historical background = 25
• 2. The Common law = 26
• a) Itinerant justices = 26
• b) The common law courts = 26
• c) The System of writs = 28
• 3. Equity = 30
• a) The term = 30
• b) The principles of equity = 31
• (aa) History = 31
• (bb) Rules of equity = 33
• 4. Further development of common law and equity = 36
• Ⅱ. The modern organisation of the royal courts = 36
• 1. The inferior courts = 39
• a) The County Courts = 39
• b) Magistrates' courts = 41
• 2. The Superior Courts = 41
• a) The Supreme Court of Judicature = 41
• (aa) The High Court of Justice = 41
• (bb) The Crown Court = 44
• (cc) The Court of Appeal = 45
• (dd) The House of Lords = 46
• 3. The Judicial Committee of the Privy Council = 47
• Ⅲ. Further reading = 49
• Chapter Three The legal profession
• Ⅰ. History = 50
• Ⅱ. Barristers = 54
• 1. Development = 54
• 2. The Inns of Court = 54
• a) Origin = 54
• b) Organisation = 55
• 3. Education = 56
• 4. Fields of Activities = 58
• Ⅲ. Solicitors = 59
• 1. Fields of activities = 59
• 2. Organisation = 60
• 3. Education = 61
• Ⅳ. Judges = 62
• 1. Appointment = 63
• 2. Salaries = 64
• 3. Immunity = 65
• 4. Dismissal = 65
• 5. Function = 67
• Ⅴ. Other personnel of English law = 69
• 1. The Attorney-General and the Solicitor-General = 69
• 2. The Director of Public Prosecutions = 69
• 3. Magistrates = 69
• Ⅵ. Further reading = 70
• Chapter Four How to find the law
• Ⅰ. Law reports = 71
• 1. Introduction = 71
• 2. Law reporting = 72
• a) Pre-1865 Reports = 73
• b) "The modern period" (since 1865) = 75
• 3. How to use law reports = 77
• Ⅱ. Statutes = 80
• 1. Statute collections = 80
• 2. Methods of citation = 81
• Ⅲ. Further reading = 82
• Part Two: Specific branches of law
• Chapter Five Persons in law
• Ⅰ. Introduction = 83
• Ⅱ. Natural persons = 84
• 1. Unborn persons = 84
• 2. Infants and minors = 84
• a) Minority and majority = 84
• b) Rights and liabilities of minors under the civil law = 85
• (aa) Law of contract = 85
• (bb) Law of torts = 85
• (cc) Property rights = 86
• (dd) Litigation right = 86
• (ee) Marriage = 86
• (ff) Wills = 86
• c) Miscellaneous rights and liabilities of minors outside civil law = 86
• (aa) Voting = 86
• (bb) Criminal law = 86
• (cc) Passports = 87
• (dd) Driving = 87
• (ee) "Enjoyments" (civil liberties) = 87
• 3. Persons of unsound mind = 89
• 4. Bankrupts = 91
• 5. Aliens = 92
• Ⅲ. Juristic Persons = 92
• 1. Corporations = 93
• a) Corporation sole = 93
• b) Corporation aggregate = 93
• c) Creation of corporations = 94
• (aa) By Royal Charter = 94
• (bb) By specific statute = 94
• (cc) By registration under the Companies Acts = 94
• d) Effect of incorporation = 95
• 2. Unincorporated associations = 98
• 3. Partnerships = 98
• 4. Differences between corporations and partnerships = 99
• a) Personality = 99
• b) Management = 99
• c) Contractual capacity = 99
• d) Liability = 99
• e) Profit = 99
• f) Members = 99
• g) Termination or dissolution = 100
• 5. Conclusion = 101
• Ⅳ. Further reading = 101
• Chapter Six The law of contract
• Ⅰ. Introduction = 102
• Ⅱ. Historical background = 102
• Ⅲ. Contracts requiring a specific form = 105
• 1. Contracts which must be in writing = 105
• 2. Contracts which must be evidenced in writing = 105
• 3. Contracts which must be made by deed = 106
• Ⅳ. Formation of the contract and consideration = 107
• 1. Offer = 108
• a) Range of offerees = 108
• b) Distinction between offer and invitation to treat = 109
• c) Formulation and communication of an offer = 111
• (aa) Formulation = 111
• (bb) Communication = 111
• d) Termination of an offer = 112
• e) Revocation of an offer = 113
• 2. Acceptance = 114
• a) Absolute and unqualified acceptance = 114
• b) Communication of acceptance = 115
• c) Prescribed method of acceptance = 116
• d) Offer and acceptance by use of post = 117
• 3. Consideration = 118
• a) Consideration must not be past = 119
• b) Consideration must move from the promisee = 120
• c) Consideration must be real, but need not be adequate = 121
• d) Deficiencies of the doctrine of consideration = 123
• e) Equity: The rule of promissory estoppel = 126
• 4. Intention to create legal relations = 131
• a) Family or "domestic" agreements = 132
• b) Advertisement = 134
• c) Commercial and business agrements = 135
• Ⅴ. Capacity to contract = 137
• 1. Infants／Minors = 138
• a) Binding contracts = 138
• (aa) Contracts for necessaries = 139
• (bb) Contracts for the minor's benefit = 140
• b) Voidable contracts = 141
• c) Void (unenforceable) contracts = 143
• 2. Persons of unsound mind and dunks = 143
• 3. Corporations = 145
• a) Introduction = 145
• b) Kinds of corporation = 145
• (aa) Chartered corporations = 145
• (bb) Statutory corporations = 145
• (cc) Registered (limited) companies = 145
• c) The doctrine of ultra vires = 146
• Ⅵ. The contents of contracts = 149
• 1. Introduction = 149
• 2. Terms and representations = 149
• 3. The kinds of terms = 150
• a) Express terms = 150
• b) Implied terms = 154
• (aa) Terms implied by statute = 156
• (bb) Terms implied by common law = 156
• (cc) Terms implied by custom = 157
• c) Conditions, warranties and innominate terms = 158
• (aa) Conditions = 158
• (bb) Warranties = 159
• (cc) Innominate terms = 160
• 4. Exemption (or exclusion) clauses = 162
• a) Exemption clauses at common law = 163
• b) Exemption clauses and fundamental breach of contract = 166
• c) Exemption clauses under the Unfair Contract Terms Act 1977 = 168
• (aa) Scope of the UCTA = 168
• (bb) Clauses rendered ineffective by UCTA = 169
• d) Exemption clauses and reasonableness = 170
• e) The unfair terms in consumer contract regulations 1995 = 173
• Ⅶ. Simple (formless) contracts with mistakes and misrepresentations = 174
• 1. Miscellaneous = 174
• 2. Void and voidable contracts = 174
• a) Mistake = 175
• (aa) Mistakes as to the subject-matter = 176
• (bb) Mistakes as to the existence of the subject-matter = 176
• (cc) Mistakes as to the nature of the contractual document = 176
• (dd) Mistake as to the identity of the other party = 177
• b) Misrepresentation = 179
• (aa) Fraudulent misrepresentation = 180
• (bb) Negligent misrepresentation = 180
• (cc) Innocent misrepresentation = 181
• (dd) Silence as misrepresentation = 182
• 3. Unenforceable contracts = 183
• Ⅷ. Duress and undue influence = 184
• 1. Duress = 184
• 2. Undue influence = 186
• Ⅸ. Illegality and public policy = 188
• 1. Contracts forbidden by statute = 188
• 2. Contracts illegal at common law = 189
• a) Contracts to commit a crime or tort = 190
• b) Contracts to corrupt public lift = 191
• c) Immoral contracts = 191
• d) Contracts tending to impede the administration of justice = 192
• e) Contracts of trade with the enemy = 193
• f) Contacts in restraint of trade = 193
• (aa) Contracts of employment = 193
• (bb) Contracts for the sale of a business = 194
• (cc) Solus agreements = 195
• Ⅹ. Discharge of a contract = 196
• 1. Performance = 196
• 2. Agreement = 199
• a) Discharge by deed and accord and satisfaction = 200
• b) Discharge where neither side has performed = 200
• c) Discharge on occurrence of specific events = 200
• 3. Breach = 200
• 4. Frustration (or impossibility) = 201
• XI. Remedies for breaches of contract = 203
• 1. Damages = 203
• 2. Injunction = 206
• 3. Specific Performance = 207
• 4. Rescission = 208
• XII. Privity of contract = 209
• 1. General rule = 209
• 2. Exceptions = 213
• a) Action by a beneficiary under a trust = 213
• b) Certain insurance contracts = 213
• c) Negotiable instruments = 214
• d) Price-maintenance agreements = 214
• e) Assignment = 215
• XIII. Further reading = 216
• Index = 219