of coal - June 2: Brodgen shipped but Metro rejected the delivery of 95,000 tons of coal - July 2: Brogden shipped and Metro received 10,000 tons of coal - August 2: Brogden shipped and Metro received 20,000 tons of coal [1] On what date, if any, does an implied contract between Brogden and Metro come into force? (date) [ILO Cl] (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 2 1 ? marks) "Contracts" for Brogden's claim against Metro for non-contractual liability: (max limit three words) [ Al / Cl 1 ] ( 1 mark) [4b] Identify the basis of recovery under that theory: (max limit three words) [ Al ] ( mark) [5] Using data from [ B 3 ] below, determine damages payable using the above-identified theory \& recovery basis: (number) [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 May 15, Witham informed Great Northern of intent to opt out and 3 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: Oct 8 90 , 000 If in the tender the opt out notice period is stipulated as 75 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) [ILO Al] (1 1/2 marks) [2] How many tons will the tender awardee be obligated to supply the tender awarder? (number) [ILO B2] ( 1 2 1 ? marks) [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 ( P M ? ) was $4.27 but in the tender the price was stipulated contract price ( P K ? ) of $4.02 for that year. Indicate the formula for ordinary damages ( D 0 ? ) = [ILO Al] (1 marks) D O ? = $ (number) [ILO B 1 ] Battery #1 [1] What is the jurisdiction of the case? (Answer no more than 3 words) [2] Is this a class action law suit? Answer Yes or No. If yes, briefly describe the class in one short sentence ( 25 words or less): [3] Which party prevails (wins) in the case? (single term or cite the name of the party) [4] Is a fine or restitution or a monetary award of damages involved in this case? If so, indicate the sums involved. (HIGHLIGHT or CIRCLE THE CORRECT UNDERLINED TERM ABOVE) Sum awarded: (If not applicable identify outcome sought e.g. equitable relief or declaratory judgment: (4 words or less) [5] Is this a final adjudication of a substantive law claim? Answer YES or NO. If YES, indicate substantive law claim decision. If NO indicate that the matter has been REMANDED to a lower court or that it is a final adjudication of a procedural law claim. If a final adjudication of a procedural law claim, indicate the nature of the procedural dispute in one brief sentence. ( 25 words or less) Battery $2 [6] At what level court does the case take place: identify either court of first instance, appellate court or supreme court. (HIGHLIGHT or CIRCLE THE CORRECT UNDERLINED TERM ABOVE) Identify court name: [7] What is the venue (city) where the court is convened to hear the case? [8] What is the principal branch of law involved in this case? [9] If there are other branches involved, then indicate them: [10] What is the rationale for the outcome of this case? WRITE TWO SENTENCES MAXIMUM FIFTY WORDS* [11] Is this a case involving a jury or is it a bench trial involving only a judge as the trier of fact and arbiter of law? (Indicate either "Jury Trial" or "Bench Trial") (HIGHLIGHT or CIRCLE THE CORRECT ANSWER) [12] How many judges contributed to the decision in this case? If more than one, was there unanimity or were there concurring and/or dissenting opinions? [Answer either Not Applicable (if a single judge) or unanimous decision or one or more of the following (concurring opinion / dissenting opinion)] (HIGHIIGHT or CIRCLE ALL THE CORRECT ANSWERS) [13] What is the principal theory of the cause of action involved in this case? (three words of less) [14] If there are other theories of the cause of action, involving the same branch as the branch of the theory indicated in the above question, involved, then indicate one of them: (three words or less per cause of action) [15] If there are other theories of the cause of action, involving different branches as the branch of the theory indicated in the above question, involved, then indicate one of them: (three words of less per cause of action)