Solution Library

Unilateral Contracts And Performance Of Conditions

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 defense, the company pleaded that Mrs. Carlill had never communicated her intention to accept its offer. The court found in favor 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.

Summary

The question belongs to Law and it discusses about a case where a lady buys a product from a company and contracts influenza and sues the company for damages. The case is an example of unilateral contracts.

Total Word Count 225

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