美國契約法(英文授課)

Contract law is the foundation of US legal studies, which is a key part of the first-year curriculum in every US law school. As the instructor adopts (simplified) Socratic method, the course will be interesting for students who would like to experience a US law school style classroom (adjusted somewhat for local conditions, of course). A full understanding of the contract law is essential for every student who plans to have a career in international transaction practices. It will be helpful for students who plan to take on the challenge of attending US law schools in the future. This course adopts US style case method. To elaborate, the instructor will adopt the Socratic method utilized in the US law school to help students focus on case law and truly understand the legal principles contained in the leading contract law cases through inquiring and discussion. The instructor will allow pass if needed. In order to make this method work, students are expected to read carefully the assigned materials in preparation for the course. As the instructor adopts the case method, he will not spend much time of each class, if at all, on the explaining of the doctrinal rules of the contract case. The understanding of the principles will be formed through discussion and developed by students independently. Goals: (a) The major goal of the course is to introduce important contract principles, major themes, and leading cases in this field. The major themes will include 1. The legal significance of promise making, 2. Consideration requirement, 3. Contract formation, 4. The obligation to perform, 5. The bargaining process, 6. Contract interpretation, and 7. Remedies for breach. (b) By adopting (simplified) Socratic method, the instructor also aims to introduce the (adopted) US-style law school classroom to participating students. The goals of this aspect of the course are to allow students to be familiar with US-style law teaching, including the class discussion, the case method, the memo writing, and the ability to think like a lawyer. The Expected Results of the Course: Students will be able to be familiar with the major contract law principles and leading cases.

US contract law is a foundational US law course, which is core to any 1L curriculum. Accordingly, there is no formal requirement regarding previous studies, but it is recommended that students first take Introduction on US law. Knowledge of Taiwanese Civil Law would certainly help the study of this course, but that is not a requirement either. It is the expectation of the instructor that a student who has no legal knowledge whatsoever can still perform excellently in the class if he or she is open minded to the Socratic method and work hard for the course. This course is conducted in English, and students are expected to read large volume of cases each week and respond instructor’s questions in English. Students have to be willing and able to read case materials and actively participate in the Course. The instructor will provide Chinese translations of the topics being discussed if necessary. The instructor will also permit the student to deliver his or her answers or opinions in Chinese if needed. Accordingly, there is probably no need to worry too much about the English oral ability.

1. Class discussion (30%): Students are expected to participate actively in the class discussion. 3. Final examination (70%): Final exam will be presented in English. The students will have 3 hours to work on the exam. Student will have to analyze the issues presented and to provide an essay as an answer. It is expected the answers will be provided in English. But special arrangement can be made if the student strongly wish to present his or her answer in Chinese.

• Lecture
• Inquiring and Discussion

Contract Doctrine, Theory & Practice Volume 1-3, written by J.H. Verkerke. Published by eLangdell Press, 2012. The text books can be downloaded at the following addresses: http://elangdell.cali.org/content/contract-doctrine-theory-practice-volume-1 http://elangdell.cali.org/content/contract-doctrine-theory-practice-volume-2 http://elangdell.cali.org/content/contract-doctrine-theory-and-practice-volume-3 It is recommended that students utilize the tools provided by The Center for Computer-Assisted Legal Instruction (CALI) available at http://www.cali.org. The subscription is provided for enrolled students.

時間

To be arranged.

聯絡方式

tchen@g2.nctu.edu.tw