. . . [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 May 23, Brogden and Metro negotiated a draft concerning the supply of coal. Suppose that the following transactions take place: April 2: Breeden shipped and Metro received 25,000 tons of coal May 2: Brogden shipped and Metro received 135,000 tons of coal May 22: Brogden shipped and Metro received 55,000 tons of coal June 2: Brodgen shipped but Metro rejected the delivery of 95,000 tons of coal July 2: Brogden shipped and Metro received 80,000 tons of coal August 2: Broaden shipped and Metro received 80,000 tons of coal (1) on what date, if any, does an implied contract between Border and Metro come into force? (date) (2 marks) [2] What, if any, would be the contractual liability of Metro to Breaded? Answer in aggregate tons. (number) (ILO 8162 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 fines provided FILO CIJ (1 % marks) [43] identify the theory of the cause of action from the branch "Contracts" for Breeden's claim against Metro for non-contractual lability (max limit three words A1/C) (1 mark) 14b) identify the basis of recovery under that theory Ima limit three words)[A1] (1 mark) [5] Using data from (B3) below, determine damages payable using the above-identified theory & recovery basis. [ILO B1(2 marka) (number) [1] Witham tendered successfully for the supply of coal to the Great Northern over a period on one year. In his tender, Witham undertook to supply such quantities as Great Northern may order from time to time. Assume that the tender was on Feb 15, the winner was announced on March 15 and the obligations pursuant to the tender began on April 1. Suppose that on June 2, Witham informed Great Northern of intent to opt out and 3 days later Great Northern received the registered letter to that effect. Suppose that Great Northern placed the following orders on Witham on the following dates: Date of Order Coal (tons) April 12 25,000 May 3 75,000 June 18 50,000 June 30 100,000 July 15 85,000 August 12 70,000 Septs 85,000 if in the tender the opt out notice period is stipulated as two weeks from date of the receipt by the tender awarder as. evidenced by return receipt: [11 on what date will obligations of the tender awardee cease pursuant to the opt out? Ide to A1] (1 mark) [2] How many tons will the tender awardee be obligated to supply the tender warder? -number) $160 82] [1 marta (3) Assume that the tender awarder supplied no coal to the tender awardee and plans to sue the tender awarder. How much ordinary damages is the tender awarder likely to be awarded it, in 1873, the price of anthracite coal in the market (PM) was 54.27 but in the tender the price was stipulated contract price (P of $3.77 for that year. Indicate the formula for ordinary damages (Dol IILO A11 (1 marks) Do$ (number) |LO 1 )