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] Suppose that the following milestones apply to a hypothetical based on Brogden v Metro Railway. Brogden supplies coal to Metro regularly. On May 23,

] Suppose that the following milestones apply to a hypothetical based on Brogden v Metro Railway. Brogden supplies coal to Metro regularly. 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 75,000 tons of coal

May 2: Brogden shipped, and Metro received 85,000 tons of coal

May 22: Brogden shipped, and Metro received 65,000 tons of coal

June 2: Brogden shipped, but Metro rejected the delivery of 45,000 tons of coal

July 2: Brogden shipped, and Metro received 50,000 tons of coal

August 2: Brogden shipped, and Metro received 125,000 tons of coal

[a] On what date, if any, does an implied contract between Brogden and Metro come into force? [b] What, if any, would be the contractual liability of Metro to Brogden. Answer in terms of

aggregate tons

[c] What effect, if any, did the event of June 2 have on that contractual liability?

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