[Al 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 April 1, Brogden and Metro negotiated a draft concerning the supply of coal. Suppose that the following transactions take place: . April 2: Brogden shipped but Metro rejected 40,000 tons of coal May 2: Brogden shipped but Metro rejected 95,000 tons of coal May 3: Brogden shipped and Metro received 135,000 tons of coal June 2: Brodgen shipped and Metro received the delivery of 245,000 tons of coal July 2: Broden shipped and Metro received 150,000 tons of coal August 2: Brogden shipped and Metro recelved 25,000 tons of coal [1] on what date, if any, does an implied contract between Broeden and Metro come into force? (data) [ILO CI) (2 marks) [2] What, if any, would be the contractual liability of Metro to Broaden? Answer in aggregate tone (number) (2 marks) (3) What effect, if any, did the event of June 2 have on that contractual tlability? Explain in terms of Implied contact theory in one sentence only on the lines provided ILO CI) (1 marks) [4a) identify the theory of the cause of action from the branch Contracts" for Bordsn's claim against Metro for non-contractual liability max limit three words. Al/l (1 mark) (4b) identify the basis of recovery under that they (max limit three words)[A11 (1 mark) [5] Using data from [83] below, determine damages payable using the above identified theory & recovery basis number (ILO B1) 12 markal 6 [B] 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 15, Witham informed Great Northern of intent to opt out and 8 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 65,000 June 30 100,000 July 15 85,000 August 12 65,000 Sept 5 85,000 if in the tender the opt out notice period is stipulated as 45 days from date of the receipt by the tender awarder as evidenced by return receipt: [1] on what date will obligations of the tender awardee cease pursuant to the opt out? (date) (io All (markal [2] How many tons will the tender awardee be obligated to supply the tender awarder? (number) fio 12 () marts) [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 if, in 1873, the price of anthracite coal in the market (Pw) was 54.27 but in the tender the price was stipulated contract price is of $4 17 for that year Indicate the formula for ordinary damages (0) - fILO A1] (1 marks) Dos (number) DOBU mark) [Al 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 April 1, Brogden and Metro negotiated a draft concerning the supply of coal. Suppose that the following transactions take place: . April 2: Brogden shipped but Metro rejected 40,000 tons of coal May 2: Brogden shipped but Metro rejected 95,000 tons of coal May 3: Brogden shipped and Metro received 135,000 tons of coal June 2: Brodgen shipped and Metro received the delivery of 245,000 tons of coal July 2: Broden shipped and Metro received 150,000 tons of coal August 2: Brogden shipped and Metro recelved 25,000 tons of coal [1] on what date, if any, does an implied contract between Broeden and Metro come into force? (data) [ILO CI) (2 marks) [2] What, if any, would be the contractual liability of Metro to Broaden? Answer in aggregate tone (number) (2 marks) (3) What effect, if any, did the event of June 2 have on that contractual tlability? Explain in terms of Implied contact theory in one sentence only on the lines provided ILO CI) (1 marks) [4a) identify the theory of the cause of action from the branch Contracts" for Bordsn's claim against Metro for non-contractual liability max limit three words. Al/l (1 mark) (4b) identify the basis of recovery under that they (max limit three words)[A11 (1 mark) [5] Using data from [83] below, determine damages payable using the above identified theory & recovery basis number (ILO B1) 12 markal 6 [B] 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 15, Witham informed Great Northern of intent to opt out and 8 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 65,000 June 30 100,000 July 15 85,000 August 12 65,000 Sept 5 85,000 if in the tender the opt out notice period is stipulated as 45 days from date of the receipt by the tender awarder as evidenced by return receipt: [1] on what date will obligations of the tender awardee cease pursuant to the opt out? (date) (io All (markal [2] How many tons will the tender awardee be obligated to supply the tender awarder? (number) fio 12 () marts) [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 if, in 1873, the price of anthracite coal in the market (Pw) was 54.27 but in the tender the price was stipulated contract price is of $4 17 for that year Indicate the formula for ordinary damages (0) - fILO A1] (1 marks) Dos (number) DOBU mark)