Tort Law In The Case Of Carlill V Carbolic Smokeball Company

1352 Words3 Pages
bulb-icon

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

Show More
Related

  • Pittston Coal Company: Tort Law

    1251 Words  | 3 Pages

    On February 26th 1972, Dam 3 of the Buffalo Mining Company a subsidiary of the Pittston Coal Company, failed resulting in a flooding of the Buffalo Creek Hallow. The disaster caused property damage, wrongful death, and psychic impairment. West Virginia prohibited any dam built any dam built over “fifteen feet in height across any stream or watercourse without a prior determination by the state that it is safe” (15). The state’s failure to properly enforce this law gave Pittston the ability to claim the disaster was an act of God; this was supported by President Nixon who referred to this as a natural disaster (187). In his testimony Mr. Spotte, head of the Pittston Coal Group, stated the accident was a natural occurrence beyond the company’s control. However he admitted that this particular dam (3) was not built in the custom of the company other dams lacking a spillway system. This failure to ensure a standard constituted a negligent breach of duty (134-137).

    Read More

  • The Case Of Beck V. LW Furniture Consolidated Pty Ltd?

    1519 Words  | 4 Pages

    The main issue with regards to the applicability of S1322(4)(a) to the appointment of Helen was the meaning of the word contravention.

    Read More

  • False Case Study

    1198 Words  | 3 Pages

    If an offeror makes an offer to an offeree by letter and it is lost in the mail, no legally sufficient offer has been made.

    Read More

  • Tort Law Case Study

    1259 Words  | 3 Pages

    It is in the best interest of Athletic Directors and coaches to know how the rule of law pertains to athletics, physical education classes and recreation as our society today has become very litigious (Wolohan, 2013). In the case where a tort or wrongful act in which an injury occurred, whole departments, institutions, along with the individual who are in charge of oversight may be sued for negligence (Wolohan, 2013). In the past, it usually was just the individual who needed to be concerned. Hence, because of the increase in civil tort suits associated with athletics which are being brought to our court system to be resolved, sports law has become a major course of study at our colleges and universities (Wolohan, 2013). Therefore, having knowledge of what is or is not a tort, may be helpful to sports administrators in how they manage staff and facilities. Furthermore, the three types of common torts that affect athletic departments are negligence, intentional negligence, and defamation. Hence, examining each further may be helpful to athletic administrators and staff in preventing civil tort law suits.

    Read More

  • Bernard V. Alan Case Study

    2038 Words  | 5 Pages

    However, the fact that acceptance to an offer has to be unqualified, unconditional and a rejected counter offer does not qualify to allow the reiterate the initial offer, shows that no legal obligations or contract was formed.

    Read More

  • The Four Step Process Of The Case Of Carlill V. Carbolic Smoke Ball Company

    1279 Words  | 3 Pages

    2014). In the case of Carlill v Carbolic Smoke Ball Co (1893) 1 QB 256, the company produced Carbolic Smoke Ball saying it can prevent from contracting influenza. They then advertised in newspaper telling that 100 pound will be given if people used this ball three times daily for two weeks as instructed and still caught influenza. Carlill bought and used the ball as instructed, however she still caught influenza. Hence, she asked for the rewards from the company. However, the company refused to pay and the issue was brought to court. According to court, Mrs Carlill was entitled to the reward as the advertisement was an offer made to everyone who saw it. Therefore, it was intended to be legally

    Read More

  • 1.1 Explain The Characteristics Of Different Business Markets

    877 Words  | 2 Pages

    A significant number of legal obligations arise in the area of Employment law also. Small examples of these obligations are as follows,

    Read More

  • Carlill v. Carbolic Smoke Ball Co.

    3134 Words  | 7 Pages

    The ‘Carbolic Smoke Ball’ company was selling these self-proclaimed health enhancing and illness-curing products during and throughout the 1890’s, parallel to the catastrophic flu pandemic of it’s time. The smoke ball was a product created to flush out and prevent the illnesses that the company had outlined on their advertisement, providing they used it as stated in the advert. A brave and sales-enhancing campaign further stated that they were so confident of their product, that they would reward anybody who later contracted the mentioned illnesses £100. They even put money away in a bank account (only enough to reward 10 claimants their compensation) to prove the sincerity of their claim. ‘’£100 reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the influenza after having used the ball three times daily for two weeks according to the printed directions supplied with each ball. £1000 is deposited with the Alliance Bank, shewing our sincerity in the matter’’ E-LAWRESOURCES. (2012).

    Read More

  • General Principal Of Law Case Study

    1212 Words  | 3 Pages

    In the case of Hyde v Wrench (1840) 49 ER 132, Hyde made an offer to Wrench to buy his estate at a lower price but his offer was then refused. When Hyde sought to accept the initial offer, it was held that there was no contract made since the initial offer no longer exist. The principal of law established from Hyde v Wrench(ibid) is a counter-offer effectively destroys original offer. However, the termination of contract due to counter offer would only be applicable if Edwin and Adam did not enter into a contract for the purchase of the car at an agreed price of

    Read More

  • The English contract Offer and Acceptance

    1227 Words  | 3 Pages

    The offeror is bound to fulfil the terms of his offer once it is accepted. The offer may be made in writing, by words or by conduct. Unilateral – some offers are purely one sided, made without the offeror’s having any idea whether they will ever be taken up and accepted, and thereby transformed into a contract. For example, when an advertisement where a person is rewarding another one if he finds his pet (which was lost). In this case, the person who is making such an offer is not sure whether this offer will ever be accepted.

    Read More

  • Contract Law: Australia V. Amann Aviation

    492 Words  | 1 Pages

    • Tort duties owed to world, contracts only to other party • Tort duties imposed by law, contracts determined by parties. However, tort duty to prevent purely economic loss owed to members of determined class, and erosion of private means it is not only parties to bargain who may claim non-fulfilment • Many contract terms implied, whereas obligations of tort generally only imposed on those who choose to undertake activity/enter relationship • Contract seeks to protect single interest, whereas torts protects range of interests. However, contract also protects those who have relied on words/deeds – estoppel • Contract law also provides compensation to injured party • Growing recognition that in a number of circumstances concurrent duties may be owed in both tort

    Read More

  • Carill V Carbolic Smokeball Case Study

    1388 Words  | 3 Pages

    Carbolic Smokeball Company refused to pay the promised reward and Carlill sued the company for damages arising from breach of contract. Judgment for hundred pounds was entered and the Carbolic Smokeball Company appealed. (Lawnix, 20...

    Read More

  • Essay On Contract Law

    2266 Words  | 5 Pages

    A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,

    Read More

  • Rules on Formation of Contracts

    1111 Words  | 3 Pages

    There are two types of offer; specific and general. Specific offers are those made by one person or group of people who can choose to accept, and general offers are made to a generalised majority, such as in rewards and public advertisements. In the case of CARLILL v CARBOLIC SMOKE BALL, a general offer had been made, as it was a publicised advert. The company did not comply with the terms that it had stated; therefore the court held that the contract had been breached as an offer had been made. It was rightly decided that most offers require verbal or written acceptance. This requirement wasn't present in the case of WILKIE v LONDON PASSENGER TRANSPORT BOARD, as it was unclear of how and where the contract had been formed on the bus journey. From this case, it would seem that it may be necessary for a verbal or written acceptance to be compulsory in the formation of every contract, however this may prove difficult. In the case of FISHER v BELL, it had to be decided whether an offer had been made, or whether it was an invitation to treat. This comes before the offer. In this case it was decided that an offer hadn't been made, as generally displays in shop windows are not offers. This was later confirmed in the case of MELLA v MONAHAN. Problems can arise when deciding whether or not an offer has been made, such as in the case of GIBSON v MANCHESTER CITY COUNCIL, however generally the courts work with efficient rules to produce efficient results.

    Read More

  • Explanation Of Law Case Study

    624 Words  | 2 Pages

    Generally, the acceptance must be communicated to the proposer. If other method of communication is used to communicate acceptance, the postal rule will apply as exception to the general rule.

    Read More

More about Tort Law In The Case Of Carlill V Carbolic Smokeball Company

Open Document