School of Law

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Dr David Pearce's 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

  • Pearce D, ‘Farley v. Skinner: right or wrong?’, Cambridge Law Journal, 61.1 (2002), 1-52
    DOI: 10.1017/S0008197302291503

  • Pearce D, ‘Election Latest’, Cambridge Law Journal, ed. by Prichard MJ, 60 (2001), pp.261

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

Conference papers

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