BOOK REVIEW: ANSON‘S LAW OF CONTRACT 30TH EDITION

2.1 Law of Contract

Submitted By: Nitish Joshi

UID - UG2017-066

Submitted To: Dr. Manish Yadav

2018 & Semester 2

Maharashtra National Law University, Nagpur.

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Table of Contents
INTRODUCTION....................................................................................................................................... II
AIMS AND OBJECTIVES .............................................................................................................................. 1
RESEARCH METHODOLOGY .......................................................................................................................... 1
About the author(s) ...................................................................................................................................... 3
REVIEW.......................................................................................................................................................... 4
REVIEW OF SOME EMINENT ......................................................................................................................... 7
ANNEXE ......................................................................................................................................................... 7
CONCLUSION................................................................................................................................................. 8
BIBLIOGRAPHY .............................................................................................................................................. 9

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 INTRODUCTION

Through this project, I would like to give you a simple and straight book review of Anson‘s Law
Of Contract. I will be discussing certain parts of the 30th edition of this book which is brought to
us by J.Beatson, A. Burrows, J. Cartwright published by Oxford University Press. There are 6
parts which will be discussed in a comprehensive manner to make you understand what this book
is all about. It is almost six years since the last edition of this book and certain remarkable
changes can be seen in the new edition. The project will be serving the details of the authors and
publishing team. Talking about the book it is a classic text in the field, renowned for offering an
accurate, authoritative and stimulating account of the law and its underlying principles. In this
edition Sir Jack Beatson has been joined by Professor Andrew Burrows and Professor John
Cartwright to create an exceptional author team. The 30th edition continues to provide
comprehensive and detailed coverage of all topics covered on modern contract law courses, and
has been completely revised and updated to incorporate all notable developments in case law,
legislation, and academic debate.

AIMS AND OBJECTIVES:

The aim of researcher , in doing research work is to review Anson‘s Law of Contract and
give a brief outline of the book.

RESEARCH METHODOLOGY
To start the project research in the right way was most important. All the data and contents
collected depends upon correct way of research. These data and contents depend upon books,
research work, articles and other sources, and to find these sources industrious work and
dedication was applied. The compilation of data collected was done chronologically which was
equally important to have a meaningful content. The sources used in this project work have been
listed in bibliography or footnotes. The technique utilized amid making of this undertaking is
utilization of secondary sources. The venture principally depends on the optional sources
accessible in regards to and Anson‘s Law Of Contract. Utilization of a few online databases was
contemplated to make the undertaking more self-effective to give all the information required in

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this topic. A thorough study of the 29th edition and the 30th edition of the book were additionally
mulled over.

Contract and its importance

A contract is a promise (or a set of promises) that is legally binding; by ‗legally binding‘ we
mean that the law will compel the person making the promise (‗the promisor‘) to perform
that promise, or to pay damages to compensate the person to whom it was made (‗the
promisee‘) for non-performance.
Contract law is important because it underpins our society;1 without it, life as we know
it could not exist. This is because in countries such as Australia most goods and services
are created and distributed through markets and markets have at their heart a contract.
Consider for a moment this issue from the point of view of a business: almost every
transaction it will make will involve a contract; for example, it will purchase raw materials,
lease premises, hire equipment, sell its products or services, and use banking and related
systems to make or receive payments. Likewise, most transactions by consumers involve the
purchase of goods or services facilitated by a contract. As with businesses, it is difficult to
think of many transactions entered into by consumers that are not of this nature2
Finally, from the perspective of governments, although most of what they do derives from an act
of the relevant parliament, increasingly the services they provide are being privatised and
delivered pursuant to a contract. This is consistent with Maine‘s thesis that the movement of
progressive societies is from ‗status to contract‘3

The importance of contracts to our society helps to explain one of the principal reasons why the
law enforces them. This reason and the moral justications for contract law are discussed in the

1
A similar view was expressed by Kirby P in Biotechnology Australia Pty Ltd v Pace (1988) 15 NSWLR 130 at 132
when his Honour said that ‗the law of contract ... underpins the economy‘
2
As citizens, members of the public engage in activities—such as visiting a public park or using a footpath—that
are not contractual. However, when doing so they are not consumers in the conventional sense.
3
In Ancient Law, 14th edition, John Murray, London, 1891, Chapter V, Sir Henry Maine argued that as societies
develop they progress from relying on status for their organisation to relying on contract. Thus, while in ‗ancient
law‘ individuals were bound together by status, in modern societies they are free to make contracts and form
associations with whoever they chose

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following extract from the work of Professor PS Atiyah, one of the leading contract scholars of
the twentieth century4

About the author(s)

J. Beatson

Sir Jack Beatson, QC , PC, FBA (born 1948) has been a Lord Justice of Appeal5 since January
2013. He was previously a High Court judge in the Queen's Bench Division, a Law
Commissioner and a professor of law at the University of Cambridge.

Beatson was called to the Bar at the Inner Temple in 1972, becoming a member of the governing
council in 1993 as an honorary Bencher. He was Law Commissioner for England and Wales for
five years from July 1989 to 1994,working on contact and commercial law, civil evidence,
damages, administrative law, and financial services. He rejoined Essex Court Chambers in 1994,
and appointed a Queen's Counsel in 1998.6

A.Burrows

Andrew Burrows QC (Hon) (born 17 April 1957) is a Professor of the Law of England and
senior research fellow at All Souls College, Oxford. His work centres on private law, and is the
main editor of the compendium English Private Law, the convenor of the advisory group that
produced A Restatement of the English Law of Unjust Enrichment as well as textbooks on
English contract law7

J.Cartwright

John Robert Cartwright, PC CC MC (March 23, 1895 – November 24, 1979) was the 12th Chief
Justice of the Supreme Court of Canada.

Born in Toronto, Cartwright was the son of James Strachan Cartwright and Jane Elizabeth
Young. After graduating from Upper Canada College in 1912, he enrolled at Osgoode Hall Law
School and began his articles with Smith, Rae & Greer.

4
http://lib.oup.com.au/he/samples/clarke_cl3e_sample.pdf
5
Court of Appeal judge (England and Wales)
6
https://en.wikipedia.org/wiki/Jack_Beatson
7
https://en.wikipedia.org/wiki/Andrew_Burrows

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He interrupted his studies in 1914 to serve overseas with the armed forces during the First World
War. In 1915 he was wounded twice and for the following two years was an aide-de-camp to
three successive generals. He was awarded the Military Cross in 1917.

Upon his return to Canada, he resumed his study of law. He was called to the bar in 1920, then
joined the firm of Smith, Rae & Greer in Toronto.

REVIEW

BOOK-Anson’s Law of Contract, EDITION 30th edition

AUTHORS- J.Beatson, A.Burrows, J.Cartwright PUBLISHER- OXFORD UNIVERSITY

PRESS PRICE-INR 3580

It may be that , as one commentator has said , the publication in 1879 of the first edition of
Anson‘s Law of Contract was the publication of first ever ―modern contract textbook‖ (R
Austen-Baker Gilmore and the strange case of failure of contract to die after all‘ (2002) 18
journal of contract law I.).Now in its 30th edition fourth under the authorship of professor
Beatson. Anson‘s is one of the leaders of a very crowded market of textbooks on the contract law
of England and Wales. That it will remain popular with students is assured by its conspicuous
goodlooks – with an updated layout and clearer fonts, in presentation at least this is the most
modern contract textbook available.

The book under the review is of 6 parts, The text contains a comprehensive index and at the front
of the book there is an abbreviations page which gives the major (and some not so major)
references to law reports and periodicals. before the starting of the first part the author(s) give the
introduction of the contract with regards to the scope of Consumer Rights Act 2015 ,Fair Trade
Act, Ancient law and many more. The introduction is mostly based on the American literature
like Macaulay reviews8 while talking about its corival Pollock and Mulla 14th edition which
consists of 9 chapters rather then parts, tells us in its introduction about history, definition and
certain basic things with regards to Indian Contract Act. starting from the Ancient Period to

8
American sociological Review

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Introduction of English Law in India and codification of Law in 1932 to the recommendations of
The Law Commission of India.

The part 1 which tells us about formation of Contract, mainly quotes western cases tomake the
reader learn how a agreement is established, unadorned way of the writing of the authors makes
it quite simple for the readers to understand what the authors want to convey. While Pollock and
Mulla the 14th edition starts it‘s first chapter with communications, acceptance and revocation of
proposals and mentions what agreements are contract in chapter second which reader might feel
sloppy as the book should start with what is what rather than how it is done and its superfluous
writing makes it less interesting

Talking about the part 2 which tells us the various contents of the contract. the terms, the
exemptions gives the briefs of several landmark judgements to make it easy for the reader and to
get the required knowledge of a 9-10 pages case in 8 to 9 lines the explanation and interpretation
of cases makes you think out of the box and the number of cases placed are so much high that
makes the reader understand the concept fully and without any sort of ennui.

Part 3 of the book discusses about factors tending to defeat contractual Liability. It is further
divided into five parts namely Incapicity, Mistake, Misrepresentation and Non – Disclosure,
Duress, Undue Influence, and Unconsionable Bargains and lastly it talks about Illegality. The
book very coherently explains all the above specified five topics . Talking about incapacity, the
book further explains five sub topics of Incapacity – Grounds of contractual incapacity, The
Crown and Public Authorities, Corporations and Unincorporated Associations, Minors and lastly
Persons lacking mental capacity and drunken persons. The next chapter Mistake starts with brief
Introduction as this chapter is concerned with the circumstances in which a contract will be held
to be defective if one or both of the parties enter into it under some misapprehension or
misunderstanding but would not have done so had they known the true position.9 Moreover, the
next chapter Misrepresentation and Non – Disclosure is concerned with relief for
misrepresentation and for the exceptional cases in which they may be relief for Non-
Disclosure.10 The next chapter Duress, Undue Influence, and Unconscionable Bargains considers
three vitiating factors based on the improper conduct of one party, the vulnerability of the other,

9
Cartwright, Misrepresentation, Mistake and Non – Disclosure (3rd edn., 2012) Part 2
10
Cartwright, Misrepresentation, Mistake and Non – Disclosure (3rd edn., 2012) Part 1 & 3

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or a combination of the two.11 The last chapter Illegality deals with Public Policy imposes certain
limitations upon the freedom of persons to contract. An ostensibly valid tainted to contract may
be tainted by illegality.12

The 4th part of this book discusses about performance and discharge. This part is further divided
into performance, discharge by agreement, discharge by frustration, discharge by breach an lastly
discharge by operation of law. The chapter performance is further divided into performance must
be precise and exact, time of performance, place of performance, order of performance, payment,
vicarious performance, alternative modes of performance, right of party in breach to cure bad or
incomplete performance, tender and partial performance. The above sub-topic have been
explained quite coherently in the book. Furthermore, the next chapter discusses about the
discharge by frustration and so on and so forth.

The book continues to show its immense knowledge in the 5th part as well. Proper references
and footnoting helps the reader to verify the text, though the language used in part six was tough
as compared to the other parts but still the on point data of part 6 is worth reading through the
book. In the 29th edition Agency was a separate part but here in the 30th edition Agency is part 6
and is written in very comprehensive manner whereas in 29th edition there are 3 sub topics in
agency, which is part 7 of the 29th edition the 3 topics are

 Creation of Agency
 Effect of Agency
 Termination of Agent's Authority

COMMENTS: This book comprises of 6 parts in which each and every aspect related to
partnership was discussed, this book explained all the topics in a detailed and systematic manner
when compared to other books, some books provided a bulky explanation to the topics whereas
some gave very short explanation of the topics.

11
Enonchong, Duress, Undue Influence and Unconscionable Dealings (2 nd edn., 2012)
12
Buckley, Illegality and Public Policy ( 3rd edition 2013)

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 REVIEW OF SOME EMINENT

―Anson‘s Law of contract is an expert, authoritative, and helpful guide to students. It explains
key concept in a clear and comprehensive manner, without minimising the many complexities of
this area of law.‖- Christina Perry, Senior Tutor, Queen Mary university of London

‗The most readable, comprehensive , and authoritative text on the law of contract in England.‘
Henry Mares, Fellow & Director of Studies in Law, Sidney Sussex College, University of
Cambridge

ANNEXE
1) 1: Introduction
Part 1: Formation of Contract
2) The agreement
3) Form
4) Consideration and promissory estoppel
Part 2: Contents of the Contract
5) The terms of the contract
6) Exemption clauses and unfair terms
Part 3: Factors Tending to Defeat Contractual Liability
7) Incapacity
8) Mistake
9) Misrepresentation and non-disclosure
10) Duress, undue influence, and unconscionable bargains
11) Illegality
Part 4: Performance and Discharge
12) Performance
13) Discharge by agreement
14) Discharge by frustration
15) Discharge by breach

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 16) Discharge by operation of law
Part 5: Remedies for Breach of Contract
17) Damages
18) Specific remedies
19) Restitutionary awards
20) Limitation of actions
Part 6: Limits of the Contractual Obligation
21) Third parties
22) Assignment
23) Agency

CONCLUSION
Anson‘s law of contract, the book that contains the latest judgements of 2015, the Supreme Court
handed down four significant decisions on the law of contract. Some of the cases newly
mentioned in this edition are Arnold v Britton13 Cavendish square Holding BV v El Makdessi14
and Parkingeye ltd v Beavis15 having these latest landmark judgements makes it one of the most
updated book of contract of now . In spite of the fact that the original contribution by the author
is not much, undoubtedly he deserves to be complimented for making an in-depth, analytical and
critical study of relevant case law on the subject of 'Law of Contract‖ in a systematic manner So
this is the recommended book for the undergraduate students of law for getting the knowledge of
every inch a contract gets into.. even the law practitioners are recommended to go through this
piece of knowledge.

13
[2015] UKSC 36
14
[2015] UKSC 67
15
[2015] UKSC 67

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BIBLIOGRAPHY

Books referred
 Anson‘s Law of Contract 30th edition
 Pollock and Mulla 14th edition
 Anson‘s Law of Contract 29th edition
References

 oxford university press sample

 Wikipedia