[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: Brogden 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 but Metro rejected 80,000 tons of coal

August 2: Brogden shipped and Metro received 80,000 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:___________________________________________________________________________________________ __________________________________________________________________________________________________[ILO C1] (1 marks)