Question
] 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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