Explain the facts‚ issues and reason in the case of Carlill v Carbolic Smoke Ball Company. FACTS The Carbolic Smoke Ball Company made a product called the "smoke ball". It claimed to be a cure for influenza and a number of other diseases‚ in the context of the 1889-1890 flu pandemic (estimated to have killed 1 million people). The smoke ball was a rubber ball with a tube attached. It was filled with carbolic acid (or phenol). The tube would be inserted into a user’s nose and squeezed at the bottom
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gangrene and infections and had a keen interest in the application of science to medicine. By using Pasteur’s germ theory‚ experimented with carbolic spray acid‚ which was used to treat sewage. Joseph Lister is one of the pioneers of Infection Control. Not only did he reduce the incidence of wound infection by the introduction of antiseptic surgery using carbolic acid‚ but also he was the first to apply Pasteur’s principles to humans. He showed that urine could be kept sterile after boiling in swan-necked
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Question 3: An English precedent case‚ noted in para 2 of the Mildura case‚ establish the definition of a unilateral contract. In paragraph 2 of the Mildura case the unilateral contract related to contract of the Carlill v Carbolic Smoke Company Limited (“Carlill v Carbolic”)
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Sample case summary of Carlill v Carbolic Smoke Ball Co [1892] 2 QB 484 Prepared by Claire Macken Facts: • Carbolic Smoke Ball Co (def) promises in ad to pay 100 pounds to any person who contracts flu after using smoke ball. • Carlill (plaintiff) uses ball but contracts flu + relies on ad. Issue: Was there a binding contract between the parties? - A contract requires notification of acceptance - Did Mrs Carlill notify Carbolic of the acceptance of the offer? - Did Mrs Carlill provide
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revoked the same way. Moreover‚ it is particularly problematic if a unilateral offer is revoked before full completion of the act that constitutes the acceptance. In Carlill v Carbolic‚ for example (see: Carlill v carbolic smoke ball co (1893))‚ Mrs Carlill was able to demonstrate that she had completed the acceptance‚ so Carbolic could not have
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made and sold The Carbolic Smoke Ball. The organization put advertisements in different daily papers offering a prize of 100 pounds to any individual who utilized the smoke ball three times each day as coordinated and contracted flu‚ colds‚ or some other sickness. After seeing this‚ Carlill bought a ball and utilized it as coordinated. Carlill contracted flu and made a case for the prize. Carbolic Smoke Ball declined to pay and Carlill sued damages emerging
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are not generally considered to be offers. In conclusion a discussion will be submitted as to why this case differs from a case in which a unilateral contract is formed by the completion of a specified act by using the example of the Carlill v. Carbolic Smoke Bomb Company as set forth in the Leonard v. PepsiCo case. Leonard v. PepsiCo an Offer Too Good to Be True For this Individual Project we are asked to consider a deal that was “too good to be true” the purchase of a $23 million dollar
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the Society’s argument was accepted‚ the customers then once they are placing an item in their cart‚ which mean they have no right to substitute another article which she or he preferred. This is leading to commercially inconvenient. Carlill v Carbolic Smoke Ball Co. is a unilateral offer that made to the world or public at large. The court held that the advertisement was an offer to the world at large and any person can come forward and fulfill the conditions on the faith of the advertisement
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“The Carlile V Carbolic Smoke ball Company is considered a landmark in English Law of Contract” Analyise the above statement by explaining the facts of the case and by discussing in detail three legal principles which were upheld in the case. In the late 1800’s it was common for English Businesses selling medicinal products to make promises about the various illnesses that their products could cure. One such firm The Carbolic Smoke Ball Company‚ created the “Smoke Ball’
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LIFEBUOY Lifebuoy is a famous and distinctive brand of soap that was created by the Lever Brothers soap factory in 1894. It was the first soap to use carbolic acid‚ which gave it a red color and strong‚ medicinal scent. Lifebuoy is still manufactured today and the leading brand of soaping in India. Lifebuoy‚ used by one in two Indians‚ is the largest soap brand in the country. Today Lifebuoy is sold in all over the World. It is market leader in every market where it is sold. The desire to be clean
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