School of Law

Contact Details

Dr David Pearce

Lecturer

Before becoming an academic, I practised as a solicitor at a London firm where I undertook a broad range of commercial work.

From practice, I went to the University of Exeter to read for a PhD. In my thesis I explored the extent to which English law recognises a duty to perform a contract and the scope of liability which arises when that duty is breached.

 

Research Interests

My written work focuses on the nature and scope of contractual rights and remedies, and their relationship with proprietary rights and remedies.

Teaching

I currently teach Contract and Tort.

PhD Supervision

I would be happy to supervise suitable students who intend to study aspects of the English law of obligations.

Key Publications

Journal articles

  • Pearce D, ‘Of ceilings and flaws: An analytical approach to the minimum performance rule in contract damages’, Oxford Journal of Legal Studies, 36.4 (2016), 781-798
    DOI: 10.1093/ojls/gqw005, Repository URL: http://eprints.whiterose.ac.uk/93460/

    © The Author 2016. The minimum performance rule applies where the defendant who has repudiated his contract would have had a choice as to how to perform it. The rule requires that damages be assessed on the basis that the defendant would have chosen to perform in the least onerous manner. Two principal criticisms of the rule are made. The first is that the rule's fundamental assumption, that minimum performance is all the claimant is entitled to, rests on a flawed understanding of what it means to have a choice as to how to perform a promise. The second is that the rule is wrongly applied to claims for consequential loss. Having shown that the rule has no remaining role, the conclusion reached is that it should be abandoned.

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

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

  • Honeyball SE, Pearce D, ‘Contract, Employment and the Contract of Employment’, Industrial Law Journal, 35.1 (2006), 30-55
    DOI: 10.1093/indlaw/dwj002

Chapters

  • Pearce D, ‘Property and contract: where are we?’, in New Perspectives on Property Law, Obligations and Restitution, ed. by Hudson A (Cavendish, 2004), 87-116

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