Mid – Term Examination Project Fall 2013 - 2014 The issue was between Louisa Carlill v. Carbolic Smoke Ball Co. Back at 1892 ‚ There was a big influenza in United Kingdom caused over 1 million people get killed . Carbolic Smoke Ball Company made a cure which was a steam ball that u inhale 3 times in a day after two weeks time you can not get any influenza . Company made an advertisenment via newspaper named Pall Mall Gazette which
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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
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Suman Siva Prof. Jeong Chun Phuoc 012014111647 Assignment 2 – Weekly Case Law Critique WEEK 1 CASE LAW ON CARLILL V CARBOLIC SMOKE BALL (1893) Issue 1. Was the advertisement by Carbolic Smoke Ball Co. a contract with the whole world? 2. Was the advertisement by Carbolic Smoke Ball Co.‚ rewarding 100 pounds to any person who uses the product (smoke ball) as directed for a given period and still get contracted to influenza‚ colds or other diseases a "mere puff"/ “nudum pactum” ? Analysis From my
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the required conditions‚ the person becomes an offeree and is therefore eligible to claim the reward. The above principle of law regarding an offer made to the entire world is established in Carlill v Carbolic Smoke Ball Co (1893) 1 QB 256. In this case‚ the newspaper advert by the Carbolic Smoke Ball Company stated the reward of £100 for anyone who contracted flu after using the product as instructed. On top of it the
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Carbolic Smoke Ball Co. Ltd published an advertisement in Pall Mall Gazzette offering that they would pay a sum of 100 pound to anyone who got contracted with influenza after using its product following the instructions provided with the smoke ball and they had deposited 1000 pound in the Alliance Bank to prove their seriousness over the advertisement. The plaintiff used their product but still contracted influenza. The plaintiff sued the company for 100 pound. But yet‚ Carbolic Smoke Ball Co
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Carlill v Carbolic Smoke Ball [1892] 2 QB 484 The case of Carlill v Carbolic Smoke Ball is one of the most important cases in English legal history. It was so confident of the usefulness of the carbolic smoke ball‚ and its ability not only to cure but also to prevent someone from getting the flu‚ that it advertised on the following basis: (Anyone who used the carbolic smoke ball in a particular way for a specified period of time‚ but who still caught influenza afterwards‚ would be
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Material facts The Carbolic Smoke Ball Company made a product that it claimed could protect the user from contracting influenza. The Company published advertisements claiming that it would pay £100 to anyone who got sick with influenza after using its product according to the instructions set out in the advertisement. Specifically‚ they stated: £100 reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza‚ colds or any disease caused
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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
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Carlill v Carbolic Smoke Ball Co | | |[pic] | |Court |Court of Appeal (Civil Division) | |Full case name |Louisa Carlill v Carbolic Smoke Ball Company | |Date decided |7 December 1893 | |Citation(s) |[1892] EWCA Civ 1‚ [1893] 1 QB 256 | |Judge(s) sitting |Lindley LJ‚ Bowen LJ and AL Smith
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CASE ANALYSIS: Case: Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256 Introduction: Carlill v. Carbolic Smoke Ball Company Ltd is one of the most leading cases in the law of contracts under common law. Known for both its academic importance and its contribution in the development of the laws relating unilateral contracts‚ it is still binding on lower courts in England and Wales‚ and is still cited by judges in their judgements. This research paper aims to critically examine and analyze the
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