Carlill v Carbolic Smoke Ball Co.
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Carlill v Carbolic Smoke Ball Co. | |
Court | England and Wales Court of Appeal |
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Citation | 1 Q.B. 256 |
Date decided | December 8, 1892 |
Facts
Defendant's advertisement said that if a user of its medicinal product got sick after properly using it, Defendant would pay a certain amount to sick person. Plaintiff got sick after using the product and sued for the money.
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.Resources