ABSTRACT

The conversation in Law 1.0 is about applying the general principles of the law (and its more particular rules) to specified fact situations. In other words, Law 1.0 has its challenges quite apart from technological innovation. To bring legal rules and principles to bear on novel fact situations, whether or not they involve technology, requires a degree of imagination. As students of the law soon learn, it was in the middle years of the nineteenth century that the common law courts laid down the general principles to be applied when making awards of damages for breach of contract. At the same time, the courts also set out the principles to be applied where the claim was for so-called consequential losses flowing from the breach of contract. In Law 1.0 conversations about breach of contract, these are key principles to be applied.