Tort Law In The Case Of Carlill V Carbolic Smokeball Company

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Recommended: Six elements of contract

1) Introduction

A contract is recognised as a legally binding agreement between two or more parties. Three major components make a contract valid: agreement, when an offer is accepted; consideration, where each party agrees to give or do something for the other; and intention when parties have intended to create legal relations. Tort Law is described as an act or remission by the defendant whereby loss or harm has been caused to the claimant. Three main elements must be established in every tort action: to establish that the defendant was under a legal duty, to demonstrate a breach of this duty by failing to conform, and finally to prove that the plaintiff has suffered a loss or injury as a result. Employment Law deals with the legal duties of the employer–employee relationship, trade unions and government agencies, as well as regulation of issues such as discriminations, wages, and health and safety.

2) Contract Law Research

a) In the case of Carlill v Carbolic Smokeball Company (1893), an advert was placed by the defendant stating that the Carbolic Smokeball Company would pay a £100 reward to any person "who contracts influenza after having used the ball three times daily for two weeks". Also, £1000 will be deposited with the Alliance …show more content…

According to Felthouse v Bindley (1863), an offeror cannot dictate that offer shall be deemed to be accepted unless the offeree rejects or accepts it. The only exception to the rule that acceptance must be communicated is in the case of Adams v Lindsell (1818), indicating that if a letter is stamped, addressed and posted, acceptance is complete due to posting a letter being a reasonable method of

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