Q1: Why is the sale of real property differently treated in the law from the sale of the chattel property? Answer in relation to acceptance "subject to contract." In particular, address why acceptance "subject to contract" is provisional in nature and on what it is provisional.

Q2: Consider the following hypothetical case based on British Steel v Cleveland Bridge.

The facts: the defendants approached the claimant with a view to engaging them to supply nodes for a complex steel lattice-work frame. They negotiated with the claimants a draft that blended elements of the claimant's and defendant's standard terms. The draft was never signed

and the claimants stated nothing but started work and eventually completed and delivered all the nodes. Cleveland Bridge, although getting paid by the municipality, paid nothing to British Steel.

[a] On the basis of which cause of action would British Steel have sued Cleveland Bridge? Explain why British Steel would likely have succeeded or failed in this legal action.

[b] In response to the claim against it, Cleveland Bridge would counterclaim against British Steel on the basis of late delivery. Suppose that the facts are clear that late delivery occurred and neither party contests those facts. Explain why Cleveland Bridge would likely have succeeded or failed in this legal action.

[c] On what theory of recovery (not cause of action) would success in [a] have been predicted? What, if anything, would be the award to British Steel.