Carlil V Smokeball
[1893] 1 Q.B. 256 1892 WL 9612 (CA), [1893] 1 Q.B. 256 (Cite as: [1893] 1 Q.B. 256)
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*256 Carlill v. Carbolic Smoke Ball Company. In the Court of Appeal. CA Lindley, Bowen and A. L. Smith, L.JJ. 1892 Dec. 6, 7. Contract--Offer by Advertisement--Performance of Condition in Advertisement-- Notification of Acceptance of Offer--Wager--Insurance--8 & 9 Vict. c. 109-- 14 Geo. 3, c. 48, s. 2. The defendants, the proprietors of a medical preparation called "The Carbolic Smoke Ball," issued an advertisement in which they offered to pay 100l. to any person who contracted the influenza after having used one of their smoke balls in a specified manner and for a specified period. The plaintiff on the faith of the advertisement bought one of the balls, and used it in the manner and for the period specified, but nevertheless contracted the influenza:-Held, affirming the decision of Hawkins, J., that the above facts established a contract by the defendants to pay the plaintiff 100l. in the event which had happened; that such contract was neither a contract by way of wagering within 8 & 9 Vict. c. 109, nor a policy within 14 Geo. 3, c. 48, s. 2; and that the plaintiff was entitled to recover. APPEAL from a decision of Hawkins, J. [FN1] FN1 [1892] 2 Q. B. 484. The defendants, who were the proprietors and vendors of a medical preparation called "The Carbolic Smoke Ball," inserted in the Pall Mall Gazette of November 13, 1891, and in other *257 newspapers, the following advertisement: "100l. reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza, colds, or any disease caused by taking cold, after having used the ball three times daily for two weeks according to the printed directions supplied with each ball. 1000l. is deposited with the Alliance Bank, Regent Street, shewing our sincerity in the matter. "During the last epidemic of influenza many thousand carbolic smoke balls were sold as preventives against this
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*256 Carlill v. Carbolic Smoke Ball Company. In the Court of Appeal. CA Lindley, Bowen and A. L. Smith, L.JJ. 1892 Dec. 6, 7. Contract--Offer by Advertisement--Performance of Condition in Advertisement-- Notification of Acceptance of Offer--Wager--Insurance--8 & 9 Vict. c. 109-- 14 Geo. 3, c. 48, s. 2. The defendants, the proprietors of a medical preparation called "The Carbolic Smoke Ball," issued an advertisement in which they offered to pay 100l. to any person who contracted the influenza after having used one of their smoke balls in a specified manner and for a specified period. The plaintiff on the faith of the advertisement bought one of the balls, and used it in the manner and for the period specified, but nevertheless contracted the influenza:-Held, affirming the decision of Hawkins, J., that the above facts established a contract by the defendants to pay the plaintiff 100l. in the event which had happened; that such contract was neither a contract by way of wagering within 8 & 9 Vict. c. 109, nor a policy within 14 Geo. 3, c. 48, s. 2; and that the plaintiff was entitled to recover. APPEAL from a decision of Hawkins, J. [FN1] FN1 [1892] 2 Q. B. 484. The defendants, who were the proprietors and vendors of a medical preparation called "The Carbolic Smoke Ball," inserted in the Pall Mall Gazette of November 13, 1891, and in other *257 newspapers, the following advertisement: "100l. reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza, colds, or any disease caused by taking cold, after having used the ball three times daily for two weeks according to the printed directions supplied with each ball. 1000l. is deposited with the Alliance Bank, Regent Street, shewing our sincerity in the matter. "During the last epidemic of influenza many thousand carbolic smoke balls were sold as preventives against this