基本素養 Basic Literacy

法學素養
Knowledge of Law
公民素養
Knowledge of Citizenship
人文素養
Knowledge of Humanities
語文素養
Knowledge of Languages
科際整合素養
Knowledge of Interdisciplinary Studies

核心能力 Competence

基礎的法學素養與論證能力
Basic Knowledge of Law and the Ability of Reasoning
縮短理論與實務差距的能力
To Shorten the Gap between Theories and Practices
兼顧法倫理學的能力
Ability to Take into Account Legal Ethics
同時具備跨領域的能力
Ability to Conduct Interdisciplinary Studies

課程概述 Course Description

藉由對於源遠流長之傳統英美普通法-英美契約法的介紹,使學生認識並熟悉傳統英美普通法,將侵權行為法與契約法分別加以規範,而不是如大陸法系國家一般,將侵權行為法與契約法同時列為民法債編的原因。本課程所涵蓋之英美契約法議題,包括:要約(offer)與承諾(acceptance)、契約之約因(consideration)、錯誤(mistake)、契約之條件(condition)、契約之履行(performance)、與違約(breach)之救濟(remedies)等。透過英美契約法基本原理與原則的介紹與討論,同時與我國民法債編規範相互對照比較,使學生不僅能對英美契約法有一個完整的認識,更能從中掌握英美普通法的規範,奠定學生進一步深入學術研究的基礎。
This course has two very important purposes. One is to learn about “contracts” or “law of contracts”, the fundamental subject of common law, as well as the reasons behind which distinguish contracts from “torts” or “tort law”. In civil law jurisdictions, like that of Taiwan, both contracts and torts are unified under the heading of the law of obligations. Whereas, unlike tort law that requires no express agreements, contracts enforce duties set out in parties’ agreements. There are sound reasons to justify the diversion in common law tradition and will be discussed in details as the course proceeds. The other is to begin the process of enable students to know how to think about and reason with the law, specifically, how to understand and use case law, as well as doctrines and legal principles. After the entire course of study, students will be expected to have the ability to conduct independent research in common law disciplines.

課程學習目標 Course Objectives

  • be able to describe the formation of legally binding contract
  • be able to express clearly the role of consideration
  • be able to identify and to explain the various types of contracts
  • be able to identify possible legal issues with different stages of a contract
  • be able to recognize the obligations and responsibilities of contracting parties
  • be able to apply relevant law and regulation to any given cases
  • be able to communicate results in written or oral form to others
  • be able to demonstrate esprit de corps (team spirit) through teamwork
  • 課程進度 Progress Description

    進度說明 Progress Description
    1Overview of Contracts
    2Offer and Acceptance in General
    3Validity of Offers
    4Special Offers
    5Acceptance Varying from Offers
    6Duration and Effectiveness of Acceptance
    7Consideration
    8Consideration
    9Consideration
    10The Bargain Elements
    11The Bargain Elements
    12The Preexisting Duty Rule
    13The Preexisting Duty Rule
    14Breaches of Contracts
    15Breaches of Contracts
    16Student Presentation/Group Discussion
    17Student Presentation/Group Discussion
    18Student Presentation/Group Discussion
     以上每週進度教師可依上課情況做適度調整。The schedule may be subject to change.

    有關課程其他調查 Other Surveys of Courses

    1.本課程是否規劃業界教師參與教學或演講? 否
    Is there any industry specialist invited in this course? How many times? No
    2.本課程是否規劃含校外實習(並非參訪)? 否
    Are there any internships involved in the course? How many hours? No
    3.本課程是否可歸認為學術倫理課程? 否
    Is this course recognized as an academic ethics course? In the course how many hours are regarding academic ethics topics? No
    4.本課程是否屬進入社區實踐課程? 否
    Is this course recognized as a Community engagement and Service learning course? Which community will be engaged? No