Carlill v Carbolic Smoke Ball Co.: Difference between revisions
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The trial judge awarded Carlill £100. | The trial judge awarded Carlill £100. | ||
|issues=Can an advertisement offering a specified sum form a binding contract? | |issues=Can an advertisement offering a specified sum form a binding contract? | ||
|holding=The company's advertisement constituted an [[Contracts/Offer|offer]]. The offer was accepted by Mrs. Carlill. Consequently, she is entitled to the £100. | |||
|reasons=The offer was similar to a reward (unilateral contract). | |reasons=The offer was similar to a reward (unilateral contract). | ||
Revision as of 13:06, August 29, 2023
| Carlill v Carbolic Smoke Ball Co. | |
| Court | England and Wales Court of Appeal |
|---|---|
| Citation | 1 Q.B. 256 |
| Date decided | December 8, 1892 |
Facts
Carbolic Smoke Ball Co. ("Carbolic") released a product that, when ignited, produced carbolic acid smoke.
Defendant's 1891 advertisement said that if a user of its medicinal product got sick after properly using it, Defendant ("Carbolic) would pay £100 to the sick person.Procedural History
Plaintiff ("Carlill") got the flu after using the smoke ball ; so, she sued for the money damages.
The trial judge awarded Carlill £100.Issues
Can an advertisement offering a specified sum form a binding contract?
Holding
The company's advertisement constituted an offer. The offer was accepted by Mrs. Carlill. Consequently, she is entitled to the £100.
Reasons
The offer was similar to a reward (unilateral contract).
performance = acceptance.
notice was properly given to Defendant of performance.
There was consideration:
Defendant got its product used.
Plaintiff was inconvenienced.
