School of Law

Chapters

• Pearce D (2004) Property and contract: where are we? In: Hudson A (eds.) New Perspectives on Property Law, Obligations and Restitution pp. 87 - 116 Cavendish

Internet Publications

• Pearce D; Halson DR (2007) Damages for Breach of Contract: Compensation, Restitution, and Vindication

  Author URL: http://eprints.whiterose.ac.uk/3518/

  In this article we examine the role which vindication plays in contract damages. Vindication describes the making good of a right by the award of an adequate remedy. We argue that, while the primary purpose of compensation is to provide an indemnity for loss, an award of compensatory damages will nevertheless generally vindicate the right to performance of the contract. We go on to consider a distinct measure of damages, vindicatory damages. These, we argue, are neither compensatory nor restitutionary, neither loss-based nor gain-based: they are a rights-based remedy. We then identify various situations in which the courts may be seen to have awarded what are, in substance, vindicatory damages. We conclude by considering the benefits which may follow from recognition of the availability of vindicatory damages as a contract remedy.

Journal Articles

• Pearce D; Halson DR (2008) ‘Damages for Breach of Contract: Compensation, Restitution, and Vindication’ In: Oxford Journal of Legal Studies 28 pp. 73 - 98

• Pearce D (2008) ‘Remedies for Breach of a Keep-Open Covenant’ In: Journal of Contract Law 24 pp. 199 - 225

• Honeyball S; Pearce D (2006) Contract, employment and the contract of employment In: Industrial Law Journal 35 (1) pp. 30 - 55

• Pearce D (2002) Farley v. Skinner: right or wrong? In: Cambridge Law Journal 61 (1) pp. 1 - 52 Cambridge University Press

• Pearce D (2001) Election Latest In: Cambridge Law Journal 60 pp. pp.261 Cambridge University Press