] 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 May 23, 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 35,000 tons of coal
· May 2: Brogden shipped and Metro received 95,000 tons of coal
· May 22: Brogden shipped and Metro received 135,000 tons of coal
· June 2: Brodgen shipped but Metro rejected the delivery of 245,000 tons of coal
· July 10: Brogden shipped and Metro received 150,000 tons of coal
· August 10: Brogden shipped and Metro received 50,000 tons of coal
[1] On what date, if any, does an implied contract between Brogden and Metro come into force? ________ (date) [ILO C1] (2 marks)
[2] What, if any, would be the contractual liability of Metro to Brogden? Answer in aggregate tons:_____ (number) [ILO B1] (2 marks)
[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: