fulfilling 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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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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Assignment on the case of Carlill vs. Carbolic Smoke Ball Co. Ltd a) Explain whether there was any contract made between Carlill and Carbolic Smoke Ball or not? Give reason. Yes‚ there was contract made between Carlill and Carbolic Smoke Ball Co. Ltd. The advertisement was placed in newspaper and said that the smoke ball product would prevent influenza if the buyers used it as directed and in spite of this if the buyer catches influenza than the company would give £100 to the user
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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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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
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Carbolic Smoke Ball Co. (1893) case‚ Carbolic stated specific terms such as promising an exact payment if people still could contract influenza whilst using the smoke ball on a newspaper advertisement. This advertisement was deemed to be an offer and not just a mere puff. Tracy has just Handbag to give and she cannot provide it for everyone as otherwise stated in the case as Carbolic had the resources put in a bank account to provide for its
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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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In English law if other than the promisee provide consideration‚ then the promise could not be enforce by the law. This problem usually may arise when third party involve. For example in the case of Price v Easton (1833)‚ In this case X are doing work for Easton and Easton make a contract with X. In return for X services Easton would pay a price of $19 to Price. The work was done by X but Easton didn’t make any payment to Price and Price sue Easton. Court held that Price claim failed as he didn’t
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LEGT 1710 Assignment 2 Introduction Harry (H) who is the father of James (J) is attempting to sue J for a breach in contract and is seeking damages of $30‚000 which he believes is the outstanding amount that is owed to him by J. This case touches on the fundamental concepts of contract law where H can only claim damages if the formation of a valid contract between the two parties is evident via the elements of a contract‚ including intention‚ agreement‚ consideration‚ legal capacity‚ genuine consent
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cannot accept an offer not made to him or her. An offer can be addresses to a group and only that group may accept it. Here again an offer can be made to the whole world or the world at large or to an infinite audience. This is the case in Carlil v Carbolic Smock Ball Company‚ the
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