영미법상 계약책임과 계약소송에 관한 사적 고찰

Both the English contract law and the U.S. contract law stem from the common law which began to form in the 12th century in England. As far as the contractual liability concerned, the common law in its beginning phase had focused on a contracting party’s promise not on a contract itself. Thus the contractual liability became not the contractual liability verbatim, but the liability for not keeping one’s promise. Meanwhile, the major contractual lawsuits under the common law unfolded in the order of action of covenant, action of debt, and action of assumpsit. These lawsuits also backed up the thought that the contractual liability was not the contractual liability verbatim. Especially the action of assumpsit was based on the thought that both contracting parties could make an additional contract of undertaking(assumpsit) liability in case a party breaches the primary contract. The assumpsit liability is a contractual liability by today’s perspective. And of course these days the English contract law and the U.S. contract law tell a contractual liability like the civil contract law does. Nevertheless the both current common laws more or less keep the historic traits in the area of the contractual liability.