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Facts. The defendant, the Carbolic Smoke Ball Company, placed an advertisement in a newspaper for their products, stating that any person who purchased and used their product but still contracted influenza despite properly following the instructions would be entitled to a £100 reward.
Aug 27, 2024 · One such case is the infamous case of Carlill vs. Carbolic Smoke Ball Company (1892) before the Court of Appeal in the UK. It establishes a core principle that an advertisement containing a promise that is conditional upon some kind of performance can constitute an offer of a unilateral contract.
Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256 is an English contract law decision by the Court of Appeal, which held an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms.
Carlill v Carbolic Smoke Ball Company. Court of Appeal. Citations: [1893] 1 QB 256. Facts. The defendant sold a medicine which they called a ‘Carbolic Smoke Ball’. When they advertised the product, they stated that they would pay a sum of money to any person who used it and still caught influenza.
The Plaintiff, believing Defendant’s advertisement that its product would prevent influenza, bought a Carbolic Smoke Ball and used it as directed from November 20, 1891 until January 17, 1892, when she caught the flu.
Aug 22, 2023 · 22-Aug-2023. Tags: Indian Contract Act, 1872 (ICA) Introduction. This is the landmark case that raised the point of whether advertising of the goods will be considered as an express contract to pay or not. This case is based on the English Contract Act. Facts. In this case the Carbolic smoke ball company made a product called the smoke ball.
Carlill v Carbolic Smoke Ball — Australian Contract Law. Court of Appeal [1893] 1 QB 256; [1892] EWCA Civ 1. Case details. Overview. Facts. The Carbolic Smoke Ball Co produced the 'Carbolic Smoke Ball' designed to prevent users contracting influenza or similar illnesses. The company's advertised (in part) that:
