To assist with this task, it is important to determine what this advertisement means within the English Legal System and its significance to Mick. Usually most advertisements are classified as an “Invitation to Treat”, and these involve a preliminary stage in which one party invites the other to make an offer. This is shown in the Gibson v. Manchester City Council case of 1979 whereby Mr Gibson sent an application form to purchase his current council house. The council wrote back to Mr …show more content…
Generally speaking, an advertisement becomes an offer when it has a reward, or a prize, or an incentive and an actionable term to which the reward may be claimed. It also has to be clear, concise and advertised to the public at large. The offer Mick has made is Unilateral which means that one party, in this case Mick, makes an offer and the other party simply accepts the offer by performing the act stated in the advertisement. It is important to identify this advertisement meaning within the English Legal System because a unilateral offer does hold some value in the Legal System whereas an Invitation to Treat does not. This therefore holds Mick to a set of regulations with other parties who try to accept his …show more content…
Carbolic Smoke Ball Co. (1893). It was stated by the Carbolic Smoke Ball company in advertisements in the Pall Mall Gazette and other newspapers in 1891 that a £100 reward would be paid by the Carbolic Smoke Ball Company to any person who contracts Influenza, Colds or any other disease caused by taking cold, after having used the smoke ball three times each day for a period of two weeks according to the printed directions that were supplied with each smoke ball. Carbolic Smoke Ball Company then went on to state that they had deposited £1000 with their bankers to show their sincerity in the matter. Mrs Carlill contracted the Influenza Virus after using the smoke balls as stated. She then made her claim to which the company tried to contend that the offer wasn’t a serious offer and that their advertisement could not give rise to a contract, since it was impossible to make a contract with the whole world and therefore they were not legally bound to pay the money. The matter was thus taken to Court and it ruled that the Carbolic Smoke Company was bound in contract to pay Mrs Carlill £100 as the company had made a Unilateral offer through the