쉐도잉 연습: Introduction to Contract Law - 영상으로 영어 말하기 배우기
레슨 만드는 중...
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Hello everybody and welcome to our first lesson in the study of contract law.
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In this lesson what we're going to do is take an
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introduction to the subject of contract law looking at the importance of it within the general legal system of England
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and Wales and then we're also going to outline the structure and the scope for this series in more detail.
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This is the first lesson in terms of our subject and our study of contract law.
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We'll take an advanced analysis of the study of contract law in this series of lessons.
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It's going to be a lot of lessons.
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We're going to be taking a long time to really get into a lot of detail.
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And in this lesson specifically, however, we're going to introduce some basic themes and ideas.
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So essentially defining a contract, looking at the importance of the contract within everyday life,
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and then talking about the fundamental characteristics of the contract before
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going on to having a look at the scope of this series of lessons.
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So ultimately the question that needs to be asked here is the question of what actually is a contract.
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Now one of the things that's quite interesting is despite the fact
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that you might not know what a contract is at the moment, contracts are potentially where individuals within society have the greatest interaction with law.
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So for example contracts are made, tens of thousands of contracts are made every single day for all kinds of purposes.
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So some of these purposes might include very small things, such as the purchase of an item from a shop.
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They could also include very large things like the signing of a lease on a property,
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something that would actually commit you to a significant sum of financial liability,
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as well as a significant period of time managing and owning or at least being the leasehold owner of a particular property.
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So ultimately the conclusion to this point is
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that essentially there are tens of thousands of contracts
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which are formed on a day-to-day basis
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and for the most part for the most part there are very few problems with these contracts.
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Of the tens of thousands of contracts which are formed every single day
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some of them being very implicitly established like for example purchasing an item from a shop
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some of them being far more formal and substantive, like the signing on a lease on a property.
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Most of them have very little in terms of controversy.
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But there will be a very small number of these contracts
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which are challenged or put under scrutiny in a court of law.
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And this is really where we get our idea of what
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contract law is essentially getting to the heart of these difficult issues
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and these difficult questions relating to the nature of a contract, the enforcement of a contract, bringing a contract to an end.
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What actually is a contract?
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All of these different kinds of questions.
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So simply put, the most simple way in which we can define what a contract is, is that a contract is simply just a legally enforceable agreement.
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This does not tell the whole story because not all agreements are classed as contractual,
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because this idea of what is legally enforceable in terms of
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an agreement is essentially doing quite a lot of heavy lifting in this definition.
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There are there are certain formalities and requirements for what essentially creates a contract, one that is actually an actual contract,
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which is a legally enforceable agreement.
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So not just all agreements at all can be classed as a contract as a contract.
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So a person that I have an agreement with, if they were to fail with their obligations, that does not automatically mean that I can sue them for breach of contracts.
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The question of whether or not a contract is present requires more than just this simple definition that is stated here.
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Given the fact that contracts require a number of different elements to be considered binding, we have to then think about,
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well, what are these different elements which are to be considered binding?
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So even though we're going to spend a lot of time examining this in far more detail in future lessons, I will give you right now the essential elements of a contract as defined
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and as established by just essentially the history of contract law.
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So the first part of a contract is that in order for a contract to exist there has to be an agreement.
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Now the agreement factor, the part of the contract which is considered to be an agreement, is made up of two distinct elements.
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You have to have an offer in conjunction with an acceptance of
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that offer and in this series of lessons what we're going to do is despite the fact
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that essentially you can't have um an agreement without both of
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these um without both of these factors um you you should uh we're going to essentially delineate
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each of these topics separately
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so we're going to talk firstly about the concept of an
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offer what is an offer what is the distinction between an offer and for example an invitation to treat
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and what kinds of circumstances do we find an offer.
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And then we will also talk about what is an acceptance of an offer?
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What constitutes the acceptance of an offer?
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How ought acceptance be conveyed to the person who is making said offer?
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The second part of a contract that is required is this idea known as consideration.
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Now, consideration essentially just means something for something else.
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So there has to be some kind of exchange of some kind of value.
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So if I were to purchase an item from a shop, the reason why that is a contract is because there is consideration.
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There is the fact
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that the shop owner is going to get some of my money in return for me getting the item that I want.
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This is the sort of quid pro quo that exists within all kinds of contractual arrangements.
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That's what we'll look at in a future set of lessons.
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We'll talk about what actually it means to have good consideration in relation to a contract for a contract to exist.
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There also has to be a combination of certainty and an intention to create legal relations.
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Remember, from our previous definition, a contract is a legally enforceable agreement.
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So there has to also be the intention to create legal relations.
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There has to be this belief that the parties who are entering into this agreement with this consideration, with this offer and the acceptance of the offer,
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that all of these things together are done under the auspices of this intention to create legal relations.
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Now, those are the three main requirements or elements of a contract, but there are also other requirements depending on the type of contract which you are signing.
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So there may also be formality requirements for certain contracts to be valid.
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So, for example, in certain circumstances, it might be a requirement that a contract be done in writing rather than an oral contract,
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which is just done via spoken mouth.
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Now, while this is a necessary requirement for some contracts, it is not a necessary requirement for all contracts.
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So we would not suggest that the idea of it being in writing
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or formally enshrined in writing as a condition for contracts as a whole, a necessary condition for contracts as a whole.
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It might just be a necessary condition for specific contracts of specific types.
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But we will get to that and we will get to looking at the distinction that is made between oral contracts, verbal agreements, as well as written based contracts, too.
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So, given that, let's look at the scope of this series of lessons.
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What are we actually going to cover and in what order are we going to cover it?
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We're going to begin, as you might expect, by talking about the creation of a contract, talking about all of these elements that we see here and what they actually mean,
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what they actually require and how people have interpreted them over the years.
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So we will talk about the nature of an agreement.
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We will talk about the idea of the offer versus the acceptance.
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And then we will talk about the subsidiary factors.
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subsidiary not implying that they are less important but just implying
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that they are not part of the enshrined part of an agreement for example
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so we're going to talk about certainty intention to create legal relations
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and consideration we'll then also finish this little first topic on
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the idea of promissory estoppel the second major topic is going
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to talk not about where contracts come from what contracts are
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and how they are formed but more the contents of a contract.
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We will talk about the terms of a contract, talk about the idea of terms versus representations,
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talk about this idea of warranties in certain consumer-based contractual arrangements, exclusion clauses, and unfair terms.
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The third section will talk about bringing a contract to an end,
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the various circumstances whereby a contract may come to an end, including by way of misrepresentation,
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duress, undue influence, as well as the doctrine of frustration and mistake.
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In relation to this as well, we will cover very, very briefly the idea of performance, which is, of course, the most common way in which a contract comes to an end.
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Performance is really where all the parties make a contract, they agree to a contract, a contract exists, and then they just perform the terms of their contract.
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They perform their obligations under the contract, and then once they're done, the contract ends.
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Of course, that is the most important
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or at least the most common way in which a contract would come to an end.
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Of course, that's not particularly very interesting for lawyers
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because we're talking about all of the more messy situations where contracts come to an end, like frustration, mistake, undue influence and duress.
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And then finally, we're going to talk about the various different remedies and damages for potential breaches of contract.
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So we'll talk about what it means to breach a contract, the idea of compensatory damages, liquidation of damages or liquidated damages,
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limitation of damages and other remedies which may be available in both law
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and potential equitable remedies that could exist in relation to contracts being breached.
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이 영상의 핵심 어휘
영상에 나오는 익혀 둘 만한 단어 15개를 발음, 뜻과 함께 정리했습니다.
| 단어 | 발음 | 뜻 |
|---|---|---|
| lesson 명사 | /ˈlɛs.ən/ | 수업, 과 |
| relation 명사 | /ɹɪˈleɪʃ(ə)n/ | 관계 |
| requirement 명사 | /ɹɪˈkwaɪɹmənt/ | 요구 |
| element 명사 | /ˈɛləmənt/ | 요소 |
| intention 명사 | /ɪnˈtɛnʃn̩/ | 의도, 의향 |
| topic 명사 | /ˈtɑpɪk/ | 화제, 주제 |
| remedy 명사 | /ˈɹɛmədi/ | 요약 |
| circumstance 명사 | /ˈsɝ.kəmˌstæns/ | 상황 |
| versus | /ˈvɝsəs/ | 대 |
| oral 형용사 | /ˈɔː.ɹəl/ | 구두의, 입의 |
| obligation 명사 | /ˌɑ.blɪˈɡeɪ.ʃn̩/ | 의무, 책임 |
| certainty 명사 | /ˈsɝtn̩ti/ | 확신 |
| belief 명사 | /bɪˈliːf/ | 믿음 |
| formal 형용사 | /ˈfɔɹməl/ | 형식적 |
| conclusion 명사 | /kənˈkluːʒən/ | 종결 |
이 영상의 문법
화자가 가장 많이 쓰는 문형을 영상 속 실제 표현과 함께 정리했습니다.
| 문형 | 영상 속 표현 |
|---|---|
| 수동태 be + 과거분사 — 누가 하는지보다 무슨 일이 일어나는지에 초점 | be asked · are made · are formed |
| 관계절 who / which + 절 — 사람이나 사물에 대한 추가 정보 | contracts which are · elements which are · contract which is |
주의할 발음
화자는 we're, we'll, can't 같은 축약형과 약화된 형태를 19번 사용합니다. 들리는 대로 짧게 발음하세요.
- “sh”와 “zh” 소리: essentially /ɪˈsɛnʃəli/, relation /ɹɪˈleɪʃ(ə)n/, consideration /kənˌsɪd.əˈɹeɪ.ʃən/, intention /ɪnˈtɛnʃn̩/, establish /ɪˈstæb.lɪʃ/
- 긴 단어 — 강세 위치에 주의: essentially /ɪˈsɛnʃəli/, consideration /kənˌsɪd.əˈɹeɪ.ʃən/, subsidiary /sʌbˈsɪ.di.əɹ.i/, potentially /pəˈtɛnʃ(ə)li/, representation /ˌɹɛp.ɹə.zɛnˈteɪ.ʃən/
이 영상으로 연습하는 방법
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- 자신의 목소리를 녹음해 원본과 비교하고, lesson, relation, requirement 같은 단어에 특히 주의합니다.
쉐도잉이란? 영어 실력을 빠르게 키우는 과학적 방법
쉐도잉(Shadowing)은 원래 전문 통역사 훈련을 위해 개발된 언어 학습 기법으로, 다언어 학자인 Dr. Alexander Arguelles에 의해 대중화된 방법입니다. 핵심 원리는 간단하지만 매우 강력합니다: 원어민의 영어를 들으면서 1~2초의 짧은 지연으로 즉시 소리 내어 따라 말하는 것——마치 '그림자(shadow)'처럼 화자를 따라가는 것입니다. 문법 공부나 수동적인 청취와 달리, 쉐도잉은 뇌와 입 근육이 동시에 실시간으로 영어를 처리하고 재현하도록 훈련합니다. 연구에 따르면 이 방법은 발음 정확도, 억양, 리듬, 연음, 청취력, 말하기 유창성을 크게 향상시킵니다. IELTS 스피킹 준비와 자연스러운 영어 소통을 원하는 분들에게 특히 효과적입니다.