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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Carlill v. Carbolic Smoke Ball Co. – Case Brief Summary Summary of Carlill v. Carbolic Smoke Ball Co. [1893] Q.B. 256 (C.A.). Facts Carbolic Smoke Ball Co. (D) manufactured and sold The Carbolic Smoke Ball. The company placed ads in various newspapers offering a reward of 100 pounds to any person who used the smoke ball three times per day as directed and contracted influenza‚ colds‚ or any other disease. After seeing the ad Carlill (P) purchased a ball and used it as directed. Carlill contracted
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Q.B. 256 (Cite as: [1893] 1 Q.B. 256) Page 1 *256 Carlill v. Carbolic Smoke Ball Company. In the Court of Appeal. CA Lindley‚ Bowen and A. L. Smith‚ L.JJ. 1892 Dec. 6‚ 7. Contract--Offer by Advertisement--Performance of Condition in Advertisement-- Notification of Acceptance of Offer--Wager--Insurance--8 & 9 Vict. c. 109-- 14 Geo. 3‚ c. 48‚ s. 2. The defendants‚ the proprietors of a medical preparation called "The Carbolic Smoke Ball‚" issued an advertisement in which they offered to pay 100l
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WRITING I 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
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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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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
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2). Discuss and compare the decision of the High Court and the Appeal Court in Carlill v Carbolic Smoke Ball [1893] Q.B. 256 (C.A.) (CO2) Carlill v Carbolic Smoke Ball Company is an English contract law decision by the Court of Appeal‚ which held an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms. The Carbolic Smoke Ball Co. made a product called the "smoke ball". It claimed to be a cure for influenza
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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
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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. [1893] Q.B. 256 (C.A.) Facts The Defendants were a medical company named “Carbolic Smoke Ball”. Who manufactured and sold a product called the "smoke ball"‚ a cure for influenza and a number of other diseases. The company published advertisements in the Pall Mall Gazette and other newspapers on November 13‚ 1891‚ claiming that it would pay £100 to anyone who got sick with influenza after using its product three times a day for two weeks‚ according to the
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