The Case Of Carlill Vs. Carbolic Carbolic Smoke Ball Co
Issue
To determine if there is a binding contract between Leila and Julie.
Relevant Law
An offerer is the party who makes the offer, and the offeree is the party that receives the offer. An offer is known as a promise to be bound by certain specified terms and must be clear, which can be made to an individual party, or to the world at large. It must be differentiated from invitation to treat. When the offeree accepted the offer in total acceptance, an acceptance ensues. The acceptance must be communicated and therefore, a silence cannot represent acceptance.
Consideration represents an exchange of the promise in return for something of value, which is also an important element in contracts law. An act that is carried out by one party in exchange …show more content…
Due to the nature of advertisement, an offer is made to either an individual or to the world at large and this is said to be an offer. If the party acted on the advertisement, it represents the offer had been accepted.
In the case of Carlill v Carbolic Smoke Ball Co (1893), the court held that an offer is made to the world through advertisement and by using the smokeball, an acceptance had been communicated by conduct. Due to the fact that Mrs Carlill caught the flu after applying the smokeball as directed, the consideration was depicted. Lastly, by depositing a sum to the bank shows that the company has an intention to create legal binding. Therefore, the court ordered that Mrs Carlill was eligible to claim the reward.
Application of the Law
In the facts of the case, Leila placed an advertisement in the local newspaper to reward the party who return the chain and locket, and it is said to be an offer. Secondly, by indicating her address and contact number, it represents her intention to create a legal relationship. Lastly, Julie presented the consideration by finding Leila’s chain and locket, and with the act of returning the chain and locket, it denotes that Julie had accepted the …show more content…
To restrain Edwin from selling the vintage car to the other party, Adam can file for an injunction for a court order to ensure that the vintage car is not sold to others and at the same time, a specific performance can be filed to the court to demand Edwin to adhere to the terms of the existing contract by selling the car to Adam with the agreed price. Due to the fact that the vintage cars cannot be acquired easily, compensation of damages will not be an adequate remedy to
To determine if there is a binding contract between Leila and Julie.
Relevant Law
An offerer is the party who makes the offer, and the offeree is the party that receives the offer. An offer is known as a promise to be bound by certain specified terms and must be clear, which can be made to an individual party, or to the world at large. It must be differentiated from invitation to treat. When the offeree accepted the offer in total acceptance, an acceptance ensues. The acceptance must be communicated and therefore, a silence cannot represent acceptance.
Consideration represents an exchange of the promise in return for something of value, which is also an important element in contracts law. An act that is carried out by one party in exchange …show more content…
Due to the nature of advertisement, an offer is made to either an individual or to the world at large and this is said to be an offer. If the party acted on the advertisement, it represents the offer had been accepted.
In the case of Carlill v Carbolic Smoke Ball Co (1893), the court held that an offer is made to the world through advertisement and by using the smokeball, an acceptance had been communicated by conduct. Due to the fact that Mrs Carlill caught the flu after applying the smokeball as directed, the consideration was depicted. Lastly, by depositing a sum to the bank shows that the company has an intention to create legal binding. Therefore, the court ordered that Mrs Carlill was eligible to claim the reward.
Application of the Law
In the facts of the case, Leila placed an advertisement in the local newspaper to reward the party who return the chain and locket, and it is said to be an offer. Secondly, by indicating her address and contact number, it represents her intention to create a legal relationship. Lastly, Julie presented the consideration by finding Leila’s chain and locket, and with the act of returning the chain and locket, it denotes that Julie had accepted the …show more content…
To restrain Edwin from selling the vintage car to the other party, Adam can file for an injunction for a court order to ensure that the vintage car is not sold to others and at the same time, a specific performance can be filed to the court to demand Edwin to adhere to the terms of the existing contract by selling the car to Adam with the agreed price. Due to the fact that the vintage cars cannot be acquired easily, compensation of damages will not be an adequate remedy to