Carlill v Carbolic Smoke Ball Co.

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Carlill v Carbolic Smoke Ball Co.
Court England and Wales Court of Appeal
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.

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