Case Analysis Of Carbolic Smoke Ball Company

The first is there any contract between Kareem and Karen as a car dealer. Karen, a second hand car dealer had advertised in the local newspaper. “Eastern Anglia Print” to offering to sell a second hand car, Zyuntai H30 series in colour of silver metallic, year 2013 model with turbo sports body kit and sports tuned suspension for only 4500 pounds in cash. In condition of first come first serve is an invitation to treat. This meaning that Karen, as a car dealer is using advertisement as a invitation for the public who saw the advertisement to accept the offer. With the word first come first serve, means her offer is accepted by the first responder.
However, in the case of Carlil v. Carbolic Smoke Ball 1893, Mrs Carlil saw an advertisement of Carbolic Smoke Ball Company will rewards 100 pounds to anyone who caught flu after using its smoke balls as directed for 14 days. Later then, Mrs Carlil bought the smoke ball, used it directed and caught flu. However, when she wanted to claimed that 100 pounds, she was rejected by the company. So she sued the company in contract. The case was concluded where the advertisement made by Carbolic Smoke Ball Company is an offer to anyone and Mrs Carlil has fullfill the requirement. Mrs Carlil was entitled for the 100 pounds reward. (Carlil v Carbolic Smoke Ball Company, 1893)
Although Karen’s advertisement is an invitation to treat, but Kareem did not made a complete acceptance of it. Kareem had shown his keen on purchasing the car by cheque and Karen responded him that she will consider his cheque and if he did not hear any reply from Karen in 48 hours, they might have the deal. Furthermore, Kareem said he will pay by cheque, but in the advertisement, Karen had stated only accept by cash. An acceptance to offer must be agreeing to all terms of offer by not adding new