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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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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Implied Terms The content of a contract are made up of terms (or ‘clauses’ as they are called in the case of written contracts) which may be express or implied. The express terms are the terms which the parties actually stipulated for themselves when making the contract‚ whether orally or in writing. In addition to the express terms‚ the courts sometimes‚ for a variety of reasons‚ imply certain terms into the contract. Implied terms are terms that are not expressly stated in the contract but are
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foreseeable problems are discussed and approaches to solving such problems are agreed. An overview of the five negotiating steps is suggested to simplify discussion of the ideas and to avoid problems: Timing‚ Location‚ Transport‚ Risk Title and Insurance‚ Terms of Trade. 2. Timing: When must Delivery take place ? - Good negotiators should mention a delivery date in negotiating the timing of an export deal and then other issues relating to coming into force‚ delay and compensation for delay. Delay
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Magistrate’s court have power to try all offences od which of the maximum terms of imprisonment does not exceed 10 years or which are punishable with fire only but may pass sentences not exceeding 5 years imprisonment‚ fire not exceeding RM10‚000 and/or whipping up 12 strokes * Also hear appeals from the penghulu’s court The Session Court: * A session court has the jurisdiction to hear both criminal and civil cases at present there are 87 sessions court judges throughout Malaysia * Judge
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STUDENT ID: S120343 LECTURER/TUTOR: MR HUMPHREY MARAU NUMBER OF WORDS: 2284 Contract law is a body of law that governs oral and written agreements associated with exchange of goods and services‚ money‚ and properties. Not only does contract law set out the rules and guidelines of how to form a contract but also teaches us how the parties to a contract are to fulfil it and what may happen when the terms of a contract are not fulfilled. The background or facts of the scenario are that Credit Corp
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Contract between MAANO TECHNICAL SERVICES CC (Builder) Represented by Mr. Herman Lukas And Mr. Joao de Sousa Satata (Client) Represented by Mr. Zenildo Calueto For THE CONSTRUCTION OF AN OUTBUILDING AT ERF 1387‚ MOUNTAIN THORN STREET‚ DORADO PARK‚ WINDHOEK – NAMIBIA. CONTRACT BETWWEN THE OWNER AND THE BUILDER CONTENTS SECTION 1. Articles of Agreement. SECTION 2. General Information. SECTION 3. Standard Conditions of Contract. Section 1 ARTICLES OF AGREEMENT ARTICLES OF
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An invitation to treat is a concept within contract law. The law of invitation to treat is distinguished from an offer. For example‚ auctions‚ advertisements of tenders‚ catalogues‚ price lists and good displayed in shop windows and shelves. According to Contracts Act 1950 and English Law‚ when something which is capable of being converted into an agreement by its acceptance will be considers as an offers. If a party intends their words or conduct to constitute and offer‚ the court will then construe
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130601178 LAW 107 LEGAL RESEARCH & 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
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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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