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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Name : Aybike Tamara Surname : Engüzel Student Number : 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
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Question 1 The issue of this question is whether Scott and Kyle can bring legal action against Wayne for what they feel is a breach of contract. Under the law governing offer and acceptance‚ a valid offer has been made through an advertisement. In order for an offer to be accepted‚ the party must entirely accept the offer. The rules governing acceptance has to be positive not passive. Silence does not forms acceptance. The general rule of acceptance is that the acceptance must be received by
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The two issues of this case was whether there is a contract between Widget and Cobbler‚ after the email had gone astray‚ and whether Widget could use their terms and conditions after Cobbler sent an counter-off. As there is no test case on whether an email comes under the instantaneous principle‚ or the postal rule in New Zealand‚ it is important to discuss email coming under both rules. The instantaneous principle came from Entores Ltd v Miles Far East Corp. stating that a contract is formed
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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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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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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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Application 1: In this scenario‚ Adrian act as a promisor while the Melissa act as a promisee. Adrian had made an offer to a specific person which is Melissa. Hence‚ only Melissa can accept the offer that made by Adrian. Thus‚ when the offer is accepted by Melissa‚ it becomes a bilateral contract (agreement that involve two person or groups). The offer that made by Adrian to Melissa in this scenario is made expressly which is made in word. Adrian had sent an offer letter to Melissa on 1st November
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Assignment 1 Part A. Question 1: Going to the following website http://www.austlii.edu.au / and locate the Mildura case: the full citation of the case is: Mildura office equipment & supplies Pty Ltd v Canon Finance Australia Ltd [2006] VSC 42 (16 February 2006) Explain briefly how you found it. There are many way to look for the case .But in my opinion the best way to find it exactly is step 1 firstly Go to the website http://www.austlii.edu.au /. After that on the first page it appears cases
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"You’re not going." Just like that‚ they struck a deal. Of course‚ only one of them were aware of the deal and its terms: one man would enforce his will‚ and the other would cave. "I’m sorry‚ I don’t want trouble‚" Solomon said in an apologetic‚ non-threatening tone. "I just want to pass through and get home peacefully. I’m not bothering anyone." Solomon’s hands were raised shoulder height with his palms facing the man in front of him‚ the universal sign for "I give up." It was true‚ he really
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