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Carlill & Carbolic Smoke Ball Case

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Carlill & Carbolic Smoke Ball Case
1. Critical Analysis of “Carlill Vs Carbolic Smoke Ball Case”

2. What role “Ad-Idem” plays in formation of a valid contract?

CONTENTS

TABLE OF CONTENTS

1. Introduction 1. What is there product? ……3 2. Promotion of Carbolic Smoke Ball ……3 3. The Case- Carlill Vs Carbolic Smoke Ball case ……4
2. Case Analysis 1. What is Contract? ……5 1. Offer ……5 2. Acceptance of the offer ……6 3. Constituted good consideration ……7 4. Serious Intention ……8
3. Conclusion ……9
4. What role “ad-idem” plays in formation of a valid contract …..10
5.0 Reference …..11

1. Introduction

Carbolic Smoke Ball is a company located London and they introduced a remedy to Epidemic influenza occurred during 1889 to 1892. In 30th of October 1889 in county of Middlesex, UK, submitted application to patent the carbolic smoke ball. In late 1889 Carbolic Smoke Ball company started marketing the smoke ball for medical purposes.

1.1 What is there product?

This is a product called “smoke Ball”. According to Carbolic Smoke Ball Company, this product is a cure for influenza and a number of diseases. It is a rubber ball with a tube attached as seen in fig: 1.

It was filled with carbolic acid (phenol). The tube was then inserted into the user 's nose. It was squeezed at the bottom to release the vapors into the nose of the user. This would cause the nose to run, and hopefully flush out the viral infection.

Fig :01

1.2 Promotion of Carbolic smoke ball

Carbolic Smoke Ball was advertised on 13th of November 1891 in “Pall Mall Gazette”.

____________________________________________________________

________

Epidemic influenza in 1892:

“Influenza is a term applied to an infectious febrile disorder due to a specific bacillus. “ Since the end of 1889 London has been visited by three successive outbreaks of influenza, each

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