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영미 불법행위법상의 예견가능성 법리 : Foreseeability in Anglo-American Tort Law
DC Field | Value | Language |
---|---|---|
dc.contributor.author | 이우영 | - |
dc.date.accessioned | 2009-10-07T02:36:12Z | - |
dc.date.available | 2009-10-07T02:36:12Z | - |
dc.date.issued | 2008 | - |
dc.identifier.citation | 법학, Vol.49 No.3, pp. 281-312 | - |
dc.identifier.issn | 1598-222X | - |
dc.identifier.uri | http://lawi.snu.ac.kr/ | - |
dc.identifier.uri | https://hdl.handle.net/10371/10231 | - |
dc.description.abstract | Liability for consequential losses is not to be entirely open-ended, and some
means to limit such liability is found in every system of law. There are a number of possible means, and the courts and the academia in the U.K. and the U.S. have experimented with several of them, in contract and tort, respectively. In the law of tort, the courts in the U.K. and the U.S. once focused on the concept of causation, and, on other occasions, regarded the matter as turning on the content of the duty itself. Eventually, a test of foreseeability was adopted and applied to solve the problem of over-extended liability for consequential losses. In the law of contract, a foreseeability test to limit liability for damages was notably established in Hadley v. Baxendale, in 1854. The Hadley rule is deemed to have affected the concept of foreseeability as a damages-limiting principle in the Japanese civil law, and also that of the Korean counterpart through the Japanese civil code. From a comparative law perspective, considering especially the respective provisions pertaining to the liability for consequential losses in contract and in tort in the Korean civil code, it is thus worth analyzing the doctrine of foreseeability in Anglo-American law established under Hadley v. Baxendale as applicable in contractual liability and possibly and arguably in tort liability. The Hadley rule was established as and has widely been regarded as part of contract law, and under the current orthodox Anglo-American law, it is generally stated that a more generous rule of remoteness applies in tort than the foreseeability rule in contract. At the same time, however, a respectable line of authority both inside and outside the court in the U.K. and the U.S. has continued to reason that all consequential claims should be subject to a single remoteness rule, whatever their basis, or that the rule with regard to remoteness of damage is precisely the same whether the damages are claimed in actions of contract or of... | - |
dc.description.sponsorship | 이 논문은 서울대학교 법학발전재단 출연 법학연구소 기금의 2008학년도 학술연구비
의 보조를 받았음. | - |
dc.language.iso | ko | - |
dc.publisher | 서울대학교 법학연구소 | - |
dc.subject | 예견가능성 | - |
dc.subject | 불법행위 손해배상책임 | - |
dc.subject | 손해배상의 제한 | - |
dc.subject | foreseeability | - |
dc.subject | tort Liability for damages | - |
dc.subject | Limitation of Liability | - |
dc.subject | foreseeability test | - |
dc.subject | Limitation of damages | - |
dc.title | 영미 불법행위법상의 예견가능성 법리 | - |
dc.title.alternative | Foreseeability in Anglo-American Tort Law | - |
dc.type | SNU Journal | - |
dc.contributor.AlternativeAuthor | Rhee, Woo Young | - |
dc.citation.journaltitle | 법학 | - |
dc.citation.endpage | 312 | - |
dc.citation.number | 3 | - |
dc.citation.pages | 281-312 | - |
dc.citation.startpage | 281 | - |
dc.citation.volume | 49 | - |
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