Book – Seddon on Deeds, 2nd Edition, 2022

Author: Nicholas SeddonPublisher: The Federation PressReviewer: Robert Quirk

For this type of book, the best test is how useful it is in practice.

I have had Seddon on Deeds [1] for about a year, now, and have used it as a first port of call on a number of specific issues, including those relating to equitable remedies and volunteers. To get a flavour for the style of writing in discussing equity and volunteers, Dr Seddon says, hitting the nail on the head:

‘Perhaps one of the most fundamental misunderstandings about deeds is that they are supposed to eliminate any risk arising from the possibility of a lack of consideration.  It has been said that a deed “imports consideration”.  But this is misleading.  It is true that a promise can be binding in the absence of consideration if it is embodied in a deed.  However, if the appropriate remedy for breach is an equitable one, the lack of consideration immediately encounters the maxim “equity does not assist a volunteer”.   A “one-way” promise in a deed will not be enforced, for example, through an injunction or specific performance, so long as the maxim applies. Why this was so, historically, is not clear.’ (footnotes omitted)

Even when the authorities are sparse, or run out, the learned author provides useful suggestions as to the appropriate solution.

Like a contract text, it is not one of those books that you will read from start to finish.  Rather, it is designed to be used as a reference when faced with an issue in practice.  The contents are comprehensive (see list of chapters below).

For anyone whose work involves the enforcement of contracts, this usually means deeds, as well. Accordingly, I would recommend Seddon on Deeds to anyone with this type of practice. I have found this book very useful in my own work.

The book is hardcover with a glossy gold colour, and the paper is high quality. The price reflects the high quality of the contents and the physical book. Recommended.[2]

[1] List price: $165.00

[2] List of contents is:

Foreword by The Hon Michael Kirby AC CMGPreface to first editionPreface to current editionTable of CasesTable of Statutes1. The Use of Deeds2. Execution3. Delivery and Escrow4. Alteration and Variation5. Interpretation6. Enforcement and Remedies7. Discharge