Anson’s Law of Contract

It has been a number of years since I had the pleasure of reviewing Anson’s Law of Contract. But it was, and still is, one of my favourite textbooks on contract law. This new 31st edition, published in May 2020 by Oxford University Press and written by an outstanding author line-up, includes twelve Supreme Court cases, more than fifteen decisions of the Court of Appeal, and a number of significant High Court decisions.

But what is not lost with all of these news cases is its plain and accessible style. It is perhaps one of the best contract law texts for both students and practitioners alike. It confidently explains the law and, where there is uncertainty, the competing points. For example, I recently had to cast my mind back to classic law school principles of when ‘acceptance’ of an offer took place where it was communicated by post. In just a few pages, the answer (and the case-law memories) of law school came flooding back.

Anson’s Law of Contract is split into five parts: formation of contract; contents of the contract; factors tending to defeat contractual liability; performance and discharge; remedies for breach of contract; and limits of the contractual obligation. Each part, in turn, has at least two chapters. And whilst the authors say they have pruned the material, the text is no worse off for it.

For many financial services practitioners, COVID-19 has led to considerable focus on the tension between the House of Lords’ decision in Foakes v Beer (1884) 9 App Cas 605, and the Court of Appeal’s decision in Williams v Roffey Bros & Nicholls (Contractors) Limited [1995] 1 WLR 474. There is a fascinating discussion on this topic, including consideration of the hope (which was later dashed) that it would be resolved by the UK Supreme Court in MWB Business Exchange Centres Limited v Rock Advertising Limited [2018] UKSC 24.

Any student, or indeed any practitioner, looking for an accessible, thorough and stimulating analysis of contract law should look no further than Anson’s Law of Contract. It (once again) has come up with the goods: and will be a vital aide to some of the tricky contractual law issues which lawyers often face.

Reviewed on 5 October 2020.