[A] Suppose that the following milestones apply to a hypothetical based on Brodgen v Metro Railway. Brogden supplies coal to Metro on a regular basis. On June 3, Brogden and Metro negotiated a draft concerning the supply of coal.
Suppose that the following transactions take place:
April 2: Brogden shipped and Metro received 85,000 tons of coal
May 2: Brogden shipped and Metro received 145,000 tons of coal
May 22: Brogden shipped and Metro received 65,000 tons of coal
June 2: Brodgen shipped but Metro received the delivery of 45,000 tons of coal
July 2: Brogden shipped but Metro rejected the delivery of 50,000 tons of coal
August 2: Brogden shipped and Metro received 225,000 tons of coal
August 29: Brogden shipped and Metro received 75,000 tons of coal
[1] On what date, if any, does an implied contract between Brogden and Metro come into force? ________ (date) [ILO C1] [2] What, if any, would be the contractual liability of Metro to Brogden? Answer in aggregate tons:_____ (number) [ILO B1] [3] What effect, if any, did the event of June 2 have on that contractual liability? Explain in terms of implied contact theory in one sentence only on the lines provided:___________________________________________________________________________________________ __________________________________________________________________________________________________[ILO C1] (1 ½ marks)
[4a] Identify the theory of the cause of action from the branch "Contracts" for Brogden’s claim against Metro for non-contractual liability:_________________________________________ (max limit three words)[A1/C1] (1 mark)
[4b] Identify the basis of recovery under that theory:________________________________(max limit three words)[A1] (1 mark)
[5] Using data from [B3] below, determine damages payable using the above-identified theory & recovery basis:______________ (number)