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Dogmatic and Political-Legal Justification for the Protection of Positive Interest in the Recovery of Damages in Case of Breach of Contract
Published 2023-03-01“…Such a view calls into question the practical expediency of the considered division of models for the recovery of damages, and encourages us to evaluate the object of the encroachment — whether there has been a violation of a subjective right.Historically, the transformation of a tort into a contract in English law is marked by the ability to recover damages according to the positive interest model. …”
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Contract protection against encroachment of other parties: A search for theoretical grounds
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