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Case of Carlill Vs Carbolic Smoke Ball Company

Question

Carbolic Smoke Ball Company placed an advertisement in a newspaper promising to pay 100 pound to anyone who used one of its smoke balls three times daily for 2 weeks and still contracted influenza.  Mrs. Carlill bought a smoke ball and used it following the instructions supplied and contracted influenza.  She sued the Smoke Ball Company on its promise to pay 100 pound.  As a part of its defence, the company pleaded that Mrs. Carlill had never communicated her intention to accept its offer.  The court found in favour of Mrs. Carlill.  It held that the offer had implied that notice was not necessary because the company had asked only that reader should buy and use the smoke balls.  Performance of the conditions set out was a sufficient acceptance without notifying the company. What principles of law does the Carlill case illustrate? Did the case involve a unilateral or bilateral contract?  

 

Summary

The question belongs to Law and it discusses about a case where a lady contracted influenza after using a smoke ball. The company refused to pay the compensation and the lady sued the company for breach of contract. The solution discusses about the case.

Total Word Count 225



 

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