Carlill v Carbolic Smoke Ball Company (1893)

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Case in hand: Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256; Court of Appeal, 1892 Dec. 6,7, LINDLEY, BOWEN and A. L. SMITH, L.JJ. The ‘Carbolic Smoke Ball’ company was selling self-proclaimed health enhancing and disease curing ‘Smoke Balls’ during and throughout the 1890’s. Whilst advertising the product, they professed that absolutely nobody who used their product in their recommended usage pattern would contract a list of diseases that the company had outlined. The brave and sales-enhancing campaign further claimed that they were so confident in their previous proclamations, that they would reward anybody who later contracted the mentioned diseases £100 compensation for such event. They put a sum of capital (£1000) away in order to support the sincerity in this offer and advertised that they had done such a thing. After reportedly using the company’s device according to the guidelines that the company had suggested, Mrs. Louisa Elizabeth Carlill contracted Influenza, a disease listed as one which would be eradicated by the use of the product. Subsequently, Carlill attempted to claim her compensation, however she was refused the payout and decided to take the company to court. The company, in court, argued that their claims were not serious, that is was simply ‘trade puff’ and that it was impossible to contract with the whole world via advertisement, whereas it was to plaintiff to prove the sincerity in the company’s advertisement in order to win the case. The court would have to prove that the defendant intended to construe a legally binding agreement/contract with their proclamations in order to rule that the company was in fact liable for Carlill’s claim. A binding contract is simply explained by Sir Frederick Po... ... middle of paper ... ...arlill-v-Carbolic-Smoke-Ball-Co.php [Accessed Thursday 2nd January 2014]. Legal Centre (2014) Online Shopping Rights [Online] Available from: [Accessed Thursday 2nd January 2014]. http://www.legalcentre.co.uk/consumer/arts/online-shopping-rights/ S. Riches, V. Allen (2013) Keenan and Riches’ BUSINESS LAW. Eleventh Edition. Pearson Education Ltd. The Free Dictionary (2014) Unilateral Contract [Online] Available from: http://legal-dictionary.thefreedictionary.com/Unilateral+contract [Accessed Thursday 2nd January 2014]. UK Law Online (2004) Carlill V Carbolic Smoke Ball Company [Online] Available from: http://www.leeds.ac.uk/law/hamlyn/carlill.htm [Accessed Thursday 2nd January 2014]. UK Essays (2014) Contract Law | Contract Law Cases [Online] Available from: [Accessed Thursday 2nd January 2014]. http://www.ukessays.com/essays/law/contract-law.php#ixzz2pOUSiowF

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