Law Of Contract

Q):What are the facts of carlill v. Carbolic Smoke B totally co and what were the judgments passed by the settle?

CASE :Carlill v Carbolic Smoke Ball confederacy [1892]

“The scale concerned a flu remedy. The manufacturer advertised that buyers who embed it did not work would be rewarded £100, a goodish amount of money at the time. The comp whatsoever was found to learn been bound by its advertisement, because a contract was formed. The essential elements were all there, held the court of appeal, including an offer, acceptance, and consideration”

Facts

1: The Carbolic Smoke Ball Compevery made a product called the smoke addict. It claimed to be a cure for influenza. The smoke ball was a no-good ball with a resistance attached. It was filled with carbolic acid (phenol). The tube was then inserted into the users jimmy. It was squeezed at the bottom to release the vapours into the nose of the user. This would cause the nose to run, and hope risey flush push through the cold. In fact the inflammation caused by the device would have in all likelihood increased susceptibility to catching influenza.





2: The Company create 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 later using its product according to the instructions set out in the advertisement.“£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 by taking cold, after having used the ball three generation daily for two weeks, according to the printed directions supplied with severally ball.£1000 is deposited with the Alliance Bank, Regent Street, shewing our sincerity in the matter.

3: Mrs Louisa Elizabeth Carlill saw the advertisement, bought one of the balls and used three times daily for nearly two months until she contracted the flu on January 17, 1892. She claimed £100 from the Carbolic Smoke...If you want to get a full essay, order it on our website: Orderessay



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